FOI request detail

PCN

Request ID: FOI-0697-1718
Date published: 10 August 2017

You asked
From 31 March 2009, to produce evidence of a parking contravention from closed circuit TV, cameras and associated recording equipment, the devices must be certified by the Secretary of State for Transport as an "approved device" under the Civil Enforcement of Parking Contraventions (Approved Devices) (England) Order 2007 ("the Approved Devices Order"). I wish to satisfy myself as to the veracity of the statement given on the PCN "The alleged contravention was seen and recorded by camera operator who was observing real time pictures from an approved device..." I therefore require documentary evidence that the camera type used is an 'approved device' and certified as approved by the Department for Transport for PCN's issued under regulation 10 (1) (a) of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007. I require a copy of the requisite approval of the Secretary of State for the equipment used. The power to issue a Penalty Charge Notice for contraventions detected with a camera and associated recording equipment is found in regulation 10 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007: "(1) An enforcement authority may serve a penalty charge notice by post where - (a) on the basis of a record produced by an approved device, the authority has reason to believe that a penalty charge is payable with respect to a vehicle which is stationary in a civil enforcement area." The enforcement authority therefore needs to show that the record is produced by an approved device - ie that the camera and recording equipment used have been approved by the Secretary of State. The simplest way to do this is to produce a copy of the Certificate, and I therefore require a copy of the said certificate. Without such evidence, I cannot be satisfied that the camera and system used to record the incident was indeed an approved device. Regulation 3(4)(e) of The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007, requires a PCN to include information as to the effect "of paragraphs (5) and (6)". Although the PCN clearly includes information as to paragraph (5) it is silent as to paragraph (6).I require still images of the alleged contravention to be sent to the address below, and I have nominated someone to view footage of the alleged contravention at a TFL office; confirm disable access, disable bathroom facilities, and specific provisions for the hard of hearing (AFILS), at the said TFL office viewing centre in accordance with the Disability Discrimination Act for my nominee to attend, and confirm appointment to the address given.

We answered

Our Ref:  FOI-0697-1718 
 
Thank you for your email received on 16 June 2017 asking for information about approved devices for penalty charge notice (PCN) issuance.

Your request has been considered in accordance with the requirements of the Freedom of Information Act our information access policy. I can confirm we hold the information you require.

The information you requested can be found on our website: https://tfl.gov.uk/corporate/publications-and-reports/red-routes.

In accordance with section 21 of the FOI Act, TfL is not obliged to supply you with a copy of the requested information as it is already accessible to you elsewhere.

If this is not the information you are looking for, or if you are unable to access it for some reason, please do not hesitate to contact me.

Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.

 

Yours sincerely

Paulina Tuffour
FOI Case Officer

 
[email protected]

 

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