Drivers may be entitled to millions in refunds from parking fines after using CCTV evidence for tickets ruled ‘illegal’
6 August 2023, 13:38 | Updated: 6 August 2023, 13:59
Fining motorists by post using CCTV footage to monitor breaches instead of traffic wardens has been ruled “illegal”.
Motorists may be entitled to millions of pounds in refunds after a test case found that Transport for London (TfL) “broke the law” issuing penalty charge notices (PCNs).
Eight test cases for fines on red routes, making up 5% of London roads, were used in the ruling.
Ivan Murray-Smith, a Conservative councillor, brought forward the legal proceedings on the issuing of penalty charge notices.
London Tribunals found that TfL “illegally” fined motorists who stopped on parking bays and red routes in London.
The transport authority, acting on Mayor of London Sadiq Khan, breached the government rules by using CCTV footage to enforce the rules instead of traffic wardens.
These rules were introduced in 2015 by ministers because of “overzealous enforcement by local authorities”.
Three adjudicators accused the authority of “procedural impropriety” by relying upon CCTV instead of “civil enforcement officers”.
The ruling could be used by motorists across the country when appealing fines.
However a spokesman for London Tribunals said while the ruling does not set a legal precedent, “adjudicators may take previous decisions into consideration before reaching a conclusion”, The Telegraph reported.
TfL issues 435,000 PCNs of all types per year. If each fine was paid in full at £160, this would total £69m in revenue.
Under the most recent Department for Transport guidance “approved devices” (such as CCTV) should only be used “where enforcement is difficult or sensitive and enforcement by a civil enforcement officer is not practicable”, the judgement noted.
There may be instances where drivers have legitimate reasons for stopping, such as loading or unloading, but this becomes difficult to prove “after the event” when the fine is issued.
“A motorist parked in such a bay who encounters a civil enforcement officer may, there and then, be able to show that he or she is loading or unloading … or can readily obtain the evidence … to substantiate that claim.”
The 22-page judgement is now listed as a “key case” on the London Tribunals site.
After the ruling TfL hired Timothy Korner KC to attempt to overturn the judgement in July.
But chief adjudicator Anthony Chan refused to review the ruling and criticised TfL for continuing to issue fines via CCTV after the ruling.
“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,” Mr Chan said.
“Mr Korner does not think that is an issue because motorists can always challenge the PCNs … I do not find this argument attractive.”
Between June 2022 and March 2023, TfL lost 420 cases using CCTV as evidence and 2,735 appeals were submitted to London Tribunals in this time.
“The transport select committee felt sufficiently persuaded by the evidence that it went so far as to recommend that Government should act to halt the proliferation in the use of CCTV ... ministers are concerned that this overuse of CCTV has unfair consequences on the public … the Government believes that the powers are not being used as originally intended,” Mr Chan also wrote in the judgement.
A TfL spokesman 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.
“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, creates safety risks, disrupts traffic and creates congestion for everyone.”
He added that “existing PCNs will not be revoked at this stage”.