TfL rebuked by London Tribunals for issuing motorists fines on major roads using CCTV

Transport for London (TfL) has been reprimanded for “procedural impropriety” in issuing penalty charge notices (PCNs) to motorists on major roads using CCTV.

In a case involving eight motorists given fines for stopping on parking bays on red routes - major roads which make up 5% of the capital’s network - a London Tribunals panel found TfL had gone against government restrictions on the use of cameras to issue penalties. It directed the authority to cancel any related PCNs.

The use of CCTV to fine motorists parking on red routes was restricted in 2015, due to what ministers described as “overzealous enforcement by local authorities”. Instead, traffic wardens must almost always be used to enforce road rules.

The panel said the use of CCTV by TfL meant drivers were left unfairly disadvantaged when attempting to collate evidence to fight their case.

It said: “...a motorist who receives a PCN issued on the basis of evidence produced by an approved device in respect of an alleged contravention of a loading/unloading bay may find it impossible to obtain the necessary evidence, after the event, to discharge the burden of proving loading/unloading.”

According to The Telegraph, the decision could impact thousands of drivers, who may be liable for a refund if similarly fined by TfL using CCTV.

A TfL spokesperson 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.”

The authority said it is considering its next steps regarding the enforcement of parking compliance in red route bays, but said existing PCNs will not be revoked at this stage.

While only constituting 5% of London’s roads, red routes carry up to 30% of the capital’s traffic, according to TfL.

They are designed to reduce congestion around the city, and have particular rules relating to drivers’ ability to stop, load or park on the highways.