Appeal against Westminster Council’s use of CCTV for enforcement of parking/waiting restrictions upheld as Westminster council did not even contest it.
Westminster City Council and many other local authorities are currently issuing penalty charges (parking tickets) by camera but the government guidance says that they shouldn’t in nearly all cases.
Furthermore Westminster and some other councils have hidden most of their cameras on lampposts and not installed the compulsory warning signs as required by the guidelines issued by the information commissioners office who have confirmed to us that “signage is compulsory” and that they “will write to Westminster council”. We appealed on behalf of a client solely on this basis and won as Westminster wouldn’t even contest the appeal but they continue to issue thousands of tickets by CCTV every month. The statutory guidance issued by the government in March 2008 is clear. CCTV should only be used where it is impractical to use CEO (traffic warden) enforcement. The example given is on fast trunk roads with no pavements and a high speed limit. Well this doesn’t apply on the vast majority of London’s Streets. Also clear signs are required by law in the area where any CCTV enforcement is being carried.
Many London Councils now use CCTV enforcement for parking and waiting restrictions and we believe that they should not be doing so.
Don’t be put off by councils such as Westminster refusing to cancel the ticket and threatening to remove the 50% discount. This is what Westminster did in our case. They said that if we didn’t pay they would remove the 50% discount. But when we appealed to the independent adjudicator they didn’t even contest it and our appeal was upheld by the chief adjudicator Last year 90% of all appeals to the adjudicator against Westminster Council were won so the odds are always in your favour.
Of course we cannot guarantee that adjudicators will uphold all appeals on this basis but what enforcement authorities are doing is in our opinion very wrong indeed.