Enforcement Using apporved devices.

sibs44

Ive been done on a red route ....gutted.

I was parked for 20 seconds and when I finally read the sign, I left and parked round the corner.

This got me thinking about what might have happened if I had parked up, read the sign and then returned to my car. In 20 seconds, I wouldn't have recieved a ticket but I have because I was caught by a camera

Ive been doing a little bit of investigation and I wonder if it was actually correct to be issued with a fine by a camera.

Ive found this on penaltychargenotice.co.uk

Statutory guidance issued to all enforcing authorities in March 2007 is very clear. – CCTV cameras should not be used for parking enforcement if it is practical to use civil enforcement offers (traffic wardens). The example given is that CCTV enforcement could be used on a very fast road with no pavements where it is not practical or safe to have civil enforcement officers.

And then Ive found this which is from the department of transport : traffic act 2004 (dated 2008) - guidance to local authorities

TMA Regulations
30 give the power to authorities throughout England to issue PCNs for contraventions detected with a camera and associated recording equipment (approved device). The Secretary of State
must31 certify any type of device used solely to detect contraventions (i.e. with no supporting CEO evidence). Once certified they may be called an ‘approved device’. TheSecretary of State recommends that approved devices are used only where enforcement is difficult or sensitive and CEO enforcement is not practical.

Approved devices should not be used where permits or exemptions (such as resident permits or Blue Badges) not visible to the equipment may apply.)

50. The primary objective of any camera enforcement system is to ensure the safe and efficient operation of the road network by deterring motorists from breaking road traffic restrictions and detecting those that do. To do this, the system needs to be well publicised and indicated with lawful traffic signs.

So my queries are these - is each camera approved before being opperational because where I was was perfectly safe with a huge pavement where enforment was NOT 'difficult or sensitive', and finally, if it has been approved, there were NO INDICATIONS OR LAWFUL SIGNS which contradicts section 50 - their primary objective.

Bit of a lengthy one but I hope it makes sense.

Thanks for any help that maybe offered.

ColliesCarer

You would be best seeking help over on
https://www.pepipoo.com

as they are more experienced in helping with PENALTY charge notices.
When you post there include a photo of both sides of the PCN making sure to blank out identifying details

Coupon-mad

sibs44 wrote: »

Ive been done on a red route ....gutted.

I was parked for 20 seconds and when I finally read the sign, I left and parked round the corner.

What you have found is right and is summarised here in a Chief Adjudicator's report:

http://notomob.co.uk/discussions/index.php?topic=867.0

...where the lovely lady herself (the Chief Adj, Caroline Sheppard who has been shown on that 'Parking mad' TV programme recently!) actually can be quoted as saying 'Stopping at school keep-clear zigzags and at clearway bus stops or clearway bus stands (at the times of operation) is prohibited by the Regulations, even briefly for boarding and alighting (but it should not be a contravention to stop briefly to ascertain the times of operation from the upright sign!).'