As seen in the Scarborough News yesterday, YCR earlier in the week and confirmed on the SBC and NYCC websites, the councils are refusing to refund PCNs after Scarborough’s Disc Zone was ruled “unenforceable” and “an inelegant mess” by the Traffic Penalty Tribunal and the councils have decided to appeal the decision.
Cllr Mackenzie, Executive Member for Highways at NYCC and also a Harrogate Borough Councillor, said:
The adjudicator’s role is not to rule on the legality of controlled parking zones and there is no binding system of precedent relating to the decision of an adjudicator. Individual decisions are at the discretion of the adjudicator dealing with a particular appeal on the facts relevant to the matter before them.
For this reason, the County Council will not be offering refunds and has instructed Scarborough Borough Council to continue to enforce the restrictions on its behalf.
If that was really the case with precedents, they wouldn’t be appealing against the decision in my favour!
A quick check of Cllr Mckenzie’s allowances reveals he’s in receipt of over £5,200 taxpayer’s money for IT / Internet at the two councils he is elected to. He receives £250+ per annum from Harrogate and £500+ per annum from North Yorkshire County Council. Perhaps he’s bought two Internet connections, one for each council?
|
Don Mackenzie |
2014/15 |
2013/14 |
2012/13 |
2011/12 |
2010/11 |
2009/10 |
|
NYCC IT / Internet |
£501.23 |
£501.23 |
£501.23 |
£501.23 |
£501.23 |
£407.65 |
|
HBC IT / Internet |
£259.44 |
£258.00 |
£255.48 |
£255.48 |
£255.48 |
£256.20 |
|
Total |
£760.67 |
£759.23 |
£756.71 |
£756.71 |
£756.71 |
£663.85 |
Cllr Mackenzie seems happy to keep taking money from unsuspecting motorists in the unenforceable Scarborough Disc Zones whilst also profiting from we unsuspecting taxpayers with his IT / Internet allowance.
Who Has The Power?
Who has the power to make the decision to keep ticketing in Scarborough’s Disc Zones whilst the whole scheme has been ruled “unenforceable” and “an inelegant mess” by the Traffic Penalty Tribunal?
Dear Mr Thorne
The decision to continue to carry out parking enforcement in Scarborough, a procedure which is essential for effective traffic management in the town, was taken by the Director of Business and Environmental Services with my full support and that of other senior officers, and based on legal advice.
Don Mackenzie
David Bowe had better hope his legal advice was good and the NYCC appeal is successful. If not, NYCC is going to have to cough up tens of millions of pounds to refund all the PCNs they’ve been illegally sticking on vehicles in Scarborough, Harrogate, Whitby and Knaresborough for well over a decade.
I’ll keep you all updated on the status of the appeal and when we can start claiming our refunds.
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