PCN Represenation
Request ID: FOI-1501-1718
Date published: 06 October 2017
You asked
Representation Notes:Additional Information : Note only the correspondence given below may be used.
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 given to be submitted to demonstrate that the vehicle P979UGU was stopped as alleged at 11:08, and I have nominated someone to view footage of the alleged contravention at a TFL office; confirm appointment to view to the address given.
We answered
Thank you for your request received by Transport for London (TfL) on 12 September 2017 asking for documentary evidence that the camera type used in relation to your parking contravention is an 'approved device' and authorised by the Department for Transport.
Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and our information access policy. I can confirm we do hold the information you require.
The information you asked for is available on our website using the following link for the camera approval certificate: https://tfl.gov.uk/corporate/publications-and-reports/red-routes
In accordance with section 21 of the FOI Act, we are 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
Jasmine Howard
FOI Case Officer
Information Governance
Transport For London
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