PCN Details
PCN BZ98714143
Contravention date 26 Nov 2022
Contravention time 09:38:00
Contravention location Longbridge Road
Penalty amount N/A
Contravention Being in a bus lane
Referral date 04 Dec 2023
Decision Date 13 Mar 2024
Adjudicator Carl Teper
Appeal decision Appeal allowed
Direction
cancel the Penalty Charge Notice and the Enforcement Notice.
Reasons
The Appellant has attended by telephone and is represented by Mr P Morgan. The Authority was not represented.
The Authority's case is that the Appellant's vehicle was in a bus lane when in Longbridge Road on 26 November 2022 at 09.38.
Approval from the Secretary of State for the type of prescribed device used for this bus lane enforcement is a requirement under paragraph 7(2) of Schedule 1 to the London Local Authorities Act 1996 (the 1996 Act) for the Authority's camera evidence to be admissible in these appeal proceedings.
There is no evidence presented by the Authority showing type approval for the prescribed device at the time of the contravention.
Further, I find that the statement submitted by the Authority from the Camera Enforcement Officer does not satisfy the requirement under paragraph 7(2) of Schedule 1 to the 1996 Act.
Accordingly, I am not satisfied that there was type approval from the Secretary of State.
In any event the only certificate produced shows that it was effective from the 21 February 2023 but this post dates the date of the contravention, which was the 26 November 2022.
It follows that the evidence from the camera is not shown to be admissible and that there is, therefore, no evidence of the Appellant's vehicle being in contravention of a bus lane restrictions.
The appeal is allowed.
