TfL told fining drivers using CCTV is illegal

Fining motorists by post using CCTV camera evidence has been ruled “illegal”.

The Telegraph newspaper reports a special test case found that Transport for London had “illegally” fined motorists who had stopped on parking bays on red routes in the capital, breaching government guidance by using CCTV rather than traffic wardens to enforce road rules.

It says laws limiting the use of CCTV to issue fines were introduced in 2015 because of what ministers described as “overzealous enforcement by local authorities”.

The judgment by London Tribunals says the “most recent version” of Department for Transport guidance states that “approved devices” – or CCTV – should only be used “where enforcement is difficult or sensitive and enforcement by a civil enforcement officer is not practicable”.

Explaining how many motorists may have legitimate reasons for stopping, such as loading or unloading, they “may find it impossible to obtain the necessary evidence after the event” when the £160 fine arrives by post.

The Telegraph quotes the report as saying: “A motorist parked in such a bay who encounters a civil enforcement officer may, there and then, be able to show that he or she is loading or unloading … or can readily obtain the evidence … to substantiate that claim.”

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