Sadiq Khan’s TfL has been found to have incorrectly used CCTV cameras to fine at least eight motorists who were parked in bays on red routes in London.
The adjudicating panel found that TfL ‘broke the law’ in using CCTV cameras and not wardens to issue fines to the eight motorists, although TfL reacted with defiance to the judgement, insisting they would not be revoking PCNs that have been issued.
The ruling has paved the way for potentially thousands of motorists to have their PCNs rescinded if they’re one of the ones to have fallen victim to the fine-happy Mayor.
The panel said the current practice of TfL using CCTV cameras to issue fines, instead of wardens, placed an unfair burden of proof on drivers, who had legitimate reasons to appeal against their fines.
It was argued that motorists who have parked legally in a loading bay, for example, 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".
The Government restricted the use of CCTV cameras to issue penalties way back in 2015 after numerous authorities were found to be only too happy to issue fines from the comfort of their desk – meaning the volume of fines soared.
The adjudicators said: "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."
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.”
