CEL PCN - Ticket Machine payment failure - non-payment in accordance to signage

fisherjim

Coupon-mad said:

You need to reply and point out that Council car parks cannot be run by ANPR as this was banned under the Deregulation Act 2015. Tell them to look what happened to Wycombe Council when they tried the same unlawful scheme as if the car park was private land, which public car parks are not. 

From Dot Guidance for Local Authorities on Enforcing Parking Restrictions:

https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions

8.3 Enforcement using approved devices

Traffic Management Act 2004 regulations give limited powers to authorities throughout England to issue PCNs for contraventions detected solely with a camera and associated recording equipment (approved device).

The Secretary of State must [footnote 36] certify any such device. Once certified they may be called an ‘approved device’. PCNs must [footnote 37] not be served by post based on evidence from an approved device other than when vehicles are parked on a:

• bus lane
• bus stop clearway or bus stand clearway
• ‘Keep Clear’ zig-zag area outside schools
• red route
• parking or a loading restriction within a mandatory cycle lane

In such circumstances, the Secretary of State recommends that approved devices are used only where enforcement is difficult or sensitive and enforcement by a civil parking officer is not practical.

This car park definitely does not come in that criteria, no wonder they don't want too much fuss made.