Refund fines

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First published in Letters by

THE Fairness Commission should look into the actions of City of York Council in refusing to automatically refund all fines relating to Lendal Bridge.

The council has said it is dropping its legal challenge to the traffic adjudicator’s ruling and paying back fines “as a gesture of goodwill” to those who take the trouble to apply for a refund.

But the council never did mount a legal challenge so the adjudicator’s ruling stands in law. All the fines were illegally obtained: period.

These are the facts. The council did not like the traffic adjudicator’s ruling and said it would pursue a legal challenge. It commissioned (and paid for) outside lawyers to provide a legal opinion in support of the council’s position but at no time did it take that challenge to the courts. It couldn’t; because before it was able to do so it had to request an internal review of the adjudicator’s decision within the traffic authority itself. It is that review which the council has chosen not to pursue.

No legal challenge has ever been made and no judge has ever ruled on the adjudicator’s determination.

Consequently, all the fines were illegal and the council’s assertion otherwise is demonstrably false. Councillor David Merrett should honour his word and resign forthwith.

If the fines are not repaid in full and Cllr Merrett remains in cabinet the Fairness Commission should convene to deliberate on these matters.

Matthew Laverack, Architect of this parish, Lord Mayor’s Walk, York.

Comments (6)

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2:06pm Mon 1 Sep 14

anth!! says...

Did the letter writer get fined then ?
Did the letter writer get fined then ? anth!!
  • Score: 16

3:44pm Mon 1 Sep 14

non pedalling pete says...

Go get em Mathew.
Go get em Mathew. non pedalling pete
  • Score: -18

4:08pm Mon 1 Sep 14

Badgers Drift says...

Spot on, Matthew!

Merrett has to resign!
Spot on, Matthew! Merrett has to resign! Badgers Drift
  • Score: -21

7:18pm Mon 1 Sep 14

strangebuttrue? says...

Mr Merrett it would appear is not a man of his word.
Mr Merrett it would appear is not a man of his word. strangebuttrue?
  • Score: -11

9:24pm Mon 1 Sep 14

vax2002 says...

They should be placed upon private summons of misconduct in public office.
Read the case law upon this, what they have done and are continuing to do is absolute text book example of the common law offence.

The maximum punishment is life imprisonment .
Charges of Embezzlement (guilty as sin) and fraud by false representation should also be laid against them .
The summons has to be placed by someone living in the jurisdiction of York crown court.
What they are doing is both unlawful (common law) and illegal.
They should be placed upon private summons of misconduct in public office. Read the case law upon this, what they have done and are continuing to do is absolute text book example of the common law offence. The maximum punishment is life imprisonment . Charges of Embezzlement (guilty as sin) and fraud by false representation should also be laid against them . The summons has to be placed by someone living in the jurisdiction of York crown court. What they are doing is both unlawful (common law) and illegal. vax2002
  • Score: -38

10:27pm Mon 1 Sep 14

strangebuttrue? says...

You would have thought by now that the investigative prowess of the press would have discovered who the score adjuster is, what their motive is and exposed them. Now that would be a good story. Nearly as good as - Mr Merrett resigns. No nothing would beat the latter now would it.

More score adjusting to be done here.
You would have thought by now that the investigative prowess of the press would have discovered who the score adjuster is, what their motive is and exposed them. Now that would be a good story. Nearly as good as - Mr Merrett resigns. No nothing would beat the latter now would it. More score adjusting to be done here. strangebuttrue?
  • Score: -36
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