All PCNs issued via CCTV for stopping in red route bays declared unlawful

[The Bald Eagle]

Below is a link to a very important judgment handed down by adjudicators at London Tribunals (which used to be Patas). It is a legal ruling that means all PCNs issued by TfL via CCTV for stopping/parking in red route bays have been declared unlawfully served.

It's a long read and it boils down to a legal technicality which (in my humble opinion) can be summed up as follows:

When the law was changed in 2015 to stop authorities issuing PCNs using cameras, certain exemptions were made. Authorities were still allowed to issue tickets using cameras in 4 specific places, these being:

1. On bus stops.
2. In bus lanes.
3. On zig-zag lines outside schools; and
4. On red routes.

TfL are responsible for enforcement of red routes in London and mistook exemption 4 to include parking bays on red routes. This judgment (below) declares that parking bays on red routes are not part of the red route because the law does not provide for them to be marked with red lines.

Consequently they fall within the 2015 regulations which state that enforcement via camera on those parts of the highway not on a red route is forbidden, given that the camera cannot, for example, identify if a blue badge is being displayed.

The next question is, should TfL be refunding the cash they have received through its unlawful enforcement of parking bays on red routes?

Please do let me know if you disagree with my interpretation of the judgment.


https://drive.google.com/file/d/1H_OchsLR_APppN-9k5ic2nOMdHyi6oVs/view

The first and second stage London Tribunals rulings can be found here.

https://londontribunals.org.uk/ords/pwslive/f?p=14952:70::INITIALISE::70:P70_CAS_REFNO,P70_PCN_REFNO,P70_RETURN_PAGE,P70_AST_CODE:1549844,2919813,60,REVIEW&cs=36RwMdxk3OS1aH6aUGQetQDOLLexTbRs8tEzFAMvVAygTF1Y5xtHImnFxqAJiU-ocPNoG1jMpL3euAcs1e6crcg

[2b1ask1]

A glimmer of common sense at last, I have no doubt that the TFL legal weasels will be trying to get that information buried before people start legitimately claiming their money back. It should of course be automatically refunded. Good work BE, keep it up.

[The Bald Eagle]

I couldn't resist commenting on TfL's defence of the indefensible. My comments in red

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Drivers could be owed MILLIONS in parking fine refunds as landmark ruling finds that Sadiq Khan's TfL 'broke the law' by using CCTV footage rather than traffic wardens to punish motorists

TfL unlawfully fined drivers parking in red route bays by using CCTV, ruling finds

By OLIVER PRICE
PUBLISHED: 23:27, 5 August 2023 | UPDATED: 00:45, 6 August 2023

Transport for London 'broke the law' by using CCTV and not traffic wardens to fine drivers to fine drivers, according to a landmark ruling.

Motorists could be owed millions of pounds in refunds from penalty charge notices (PCNs) issued illegally in London after a panel of lawyers ruled against the capital's transport authority acting for Labour Mayor Sadiq Khan.

The test case found that TfL broke government guidance by using CCTV rather than civil enforcement officers (CEOs), traffic wardens, to fine motorists parked in bays on red routes in London.

In 2015, the government introduced laws to limit the use of CCTV in issuing fines because of 'overzealous enforcement by local authorities'.

The judgement on eight appeals against red route fines has come as Prime Minister Rishi Sunak announced a review of the roll out of low-traffic neighbourhoods across the country and said he was 'on the side of motorists'.


The test case found that TfL broke government guidance by using CCTV rather than civil enforcement officers (CEOs), traffic wardens, to fine motorists parked in bays on red routes in London

The ruling from London Tribunals could be used in appeals against parking offences across the country. A spokesperson for the service told The Telegraph that while it did not set a legal precedent, other adjudicators 'may take previous decisions into consideration before reaching a conclusion'.

Around 435,000 PCNs of all kinds are issued by TfL each year, according to data, seen by The Telegraph. Paid at a full charge of £160, this is around £69million.

The three adjudicators said that the travel authority had acted with 'procedural impropriety' by using CCTV to issue fines where government rules say they should have used traffic wardens.

They said the latest guidance from the Department for transport says that 'approved devices', primarily automatic number plate recognition CCTV cameras, 'are used only where enforcement is difficult or sensitive and enforcement by a Civil Enforcement Officer is not practical'.

They said that motorists who have parked legally, for example in a loading and unloading bay, but are accused of contravening rules based on CCTV evidence, 'may find it impossible to obtain the necessary evidence, after the event, to discharge the burden of proving loading/unloading'.

But if a motorists parked in one of these bays encounters a traffic warden, they can show them at the time that they are using it for its intended purpose, and avoid the ticket.

The judgement on 'Commercial Plant Services and others versus TfL', which is 22  pages long, studied the precise language of laws and government guidance after Tory councillor Ivan Murray-Smith, presented the case - which is now considered 'key' by London Tribunals.


They said that motorists who have parked legally, for example in a loading and unloading bay, but are accused of contravening rules based on CCTV evidence, 'may find it impossible to obtain the necessary evidence, after the event, to discharge the burden of proving loading/unloading'

TfL even attempted to overturn the ruling when they hired top lawyer Timothy Korner, KC, to represent them at a tribunal hearing last month, but chief adjudicator Anthony Chan refused to review the case.

He hit out at TfL as it continued to use CCTV to fine drivers despite being told they were illegal, describing transport authority as 'quasi prosecutorial'.

According to The Telegraph, he said: 'I am of the opinion that if a public authority becomes aware that the imposition of a penalty may be unlawful, it should seek to clarify the position before issuing more PCNs. (Too f***ing right!!!)

'Mr Korner does not think that is an issue because motorists can always challenge the PCNs… (Same shit argument. Different day.) I do not find this argument attractive.'

He also said that TfL had difficulty disclosing the number of drivers who had challenged PCNs because the figures were 'embarrassing'.

TfL lost 420 cases between June last year and March this year where CCTV evidence was used - and a total of 2,735 appeals were lodged with London Tribunals in the same period.

Mr Murray-Smith, 35, welcomed the rulings and accused TfL of 'getting away with' unlawfully using CCTV cameras to enforce parking rules for years.

But TfL has dug in and said they will not be revoking PCNs that have been issued, but they are considering their next steps about enforcement of parking rules in red route bays.

A TfL spokesperson said: 'We are committed to keeping London moving safely and efficiently, and compliance on the Transport for London Road Network is essential to achieving these aims. (Fair enough)

'Enforcement by our compliance officers using CCTV cameras is an important part of tackling this and we are exploring next steps. Non-compliance impacts London's air quality, (The vehicles are immobile in parking bays so, no, there is no impact on air quality)

creates safety risks (Vehicles parked in parking bays especially designed for parking in cannot possibly be a safety risk ffs!!!),

disrupts traffic (THEY'RE OFF ROAD, IN A F***ING PARKING BAY!!!!!!!!)

and creates congestion for everyone (THEY'RE OFF ROAD, IN A F***ING PARKING BAY!!!!!!!!).'

https://www.dailymail.co.uk/news/article-12377011/Sadiq-Khans-TfL-broke-law-using-CCTV-traffic-wardens-fine-drivers-landmark-ruling-motorists-owed-millions-pounds-refunds.html