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London Bus Lanes - Lack of camera type approval means evidence is inadmissible at Tribunal

If anyone has received a PCN for Bus Lane contravention you may be interested to know that it is highly likely that the camera evidence is inadmissible. 

Looks like all the London Boroughs have followed advice in the London Councils CCTV Code of Practice which incorrectly states type approval is not needed.

London Local Authorities Act 1996 Schedule 1, Paragraph 7 Section 2 clearly states that for PCNs issued under this legislation require the camera to have Type Approval Certificates sign by Secretary of State.

Cases heard so far on these grounds are all successful.

Mohammad Ayub v London Borough of Waltham Forest (2210767543, 07 February 2022)
 https://!!!!!!/3B9jPfp
Riccardo Cumerlato v London Borough of Barnet (2220026347, 21 February 2022) https://!!!!!!/3I9gHDa
Fahmim Chowdhury v London Borough of Waltham Forest (2210847074, 25 April 2022) https://!!!!!!/3xSKqxL
Nahid Hossen v London Borough of Lambeth (2210860888, 05 May 2022) https://!!!!!!/3M2ZqNC

Lambeth were granted a review of theirs and still failed to demonstrate they have the appropriate Type Approval Certificate - because it does not exist.
Waltham Forest had a request for review declined as it is out of time and they had failed miserably to produce certificates - because they don't exist.

Hats off to cp8759 on Pepipoo for discovering this remarkable error. 
Mr Straw described whiplash as "not so much an injury, more a profitable invention of the human imagination—undiagnosable except by third-rate doctors in the pay of the claims management companies or personal injury lawyers"

Comments

  • Coupon-mad
    Coupon-mad Posts: 153,591 Forumite
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    That is an amazing snippet, thank you!  Those sort of things are worth us knowing even though we normally defer to pepipoo for Council PCNs.

    But this isn't a query, it's information. Thanks for coming here to post it.

    Well done to cp8759 on pepipoo!
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