Now Newham loose a CCTV case

[BGB]

Case reference 2110496132

Appellant:   Mr Michael Babalola
Authority:   Newham
VRM:   FH05ZCT
PCN:   PN04133274
Contravention Date:   12 May 2011
Contravention Time:   11:12
Contravention Location:   The Grove
Penalty Amount:   £130.00
Contravention:   Parked in a restricted street
Decision Date:   21 Nov 2011
Adjudicator:   Anthony Chan
Appeal Decision:   Allowed
Direction:   cancel the Penalty Charge Notice and the Notice to Owner.
Reasons:   This appeal was scheduled for a personal hearing today at 4:00 pm. The Appellant has not arrived by 4:00 pm so I am proceeding with the hearing in his absence.

The Authority provided a statement from Mr Laurence Courtney, Head of Parking. Mr Courtney states that the device which recorded the alleged contravention was used in Greater London immediately prior to the coming into force of this Civil Enforcement of Parking Contraventions (Approved Devices) (England) Order 2007.

This may well be the case but it is not of any use in this appeal. Article 2 (1) of the 2007 Order provides that a device is an approved device for the statutory purposes, if it is of a type which has been certified by the Secretary of State as one which meets the scheduled requirements.

Article 3 of the 2007 Order provides that a device which is not an approved device by virtue of Article 2, but which was in use in Greater London immediately before the coming into force of this Order for the purpose of parking enforcement in accordance with section 4 of the London Local Authorities Act 2000shall be treated as an approved device during the transitional period. The "transitional period" is the period of 12 months beginning with the day on which this Order comes into force.

The Order came into force on 31 March 2008. This means that from 1 April 2009 onwards, an Authority cannot rely on a recording device unless it is one approved by the Secretary of State under Article 2. Mr Courtney's statement does not mean that the device used was approved. It suggests in fact that the device has not yet been approved.

I am not satisfied that an approved device had been used. The PCN produced on the basis of its recording is therefore invalid. I am allowing the appeal.    

[Pat Pending]

Ooops! Run for cover, I think some some soft smelly brown substance is going to come into contact with spinning
bladed thing in Newham Council Offices. :dancing: :dancing: :dancing:

[seggsy]

Why is that I know that stipulation in the law but the head of parking for Newham doesn't, amazing.
You would think that the head of parking would know the parking laws back to front and upside down, but obviously not.

[Nigel W]

Very strange goings on at Newham with their certification.

There have been PCN's issued by Newham with accompanying evidence of a VCA 'certificate' that does not cover the date that the PCN was issued.

Now we have what appears to be the Parking Manager at Newham suggesting that because the devices were used prior to the Legislation coming into force that they do not require certification!

Approval for all (CCTV) devices was required for London EA's from 31st March 2009.  EA's outside London required approval from 31st March 2008.