Free Traffic Legal Advice

I’m currently appealing a bus lane contravention and need help regarding the type of camera used. Prior to submitting my appeal to the Traffic Penalty Tribunal, I emailed the authority to enquire about the camera in use. The authority replied, stating it was a TES Small Blue GEN3.After submitting my appeal, the authority relied on a manufacturer’s certificate and a Declaration of Conformity, which they uploaded. However, this declaration only covered the GEN2 camera.

Here’s how the exchange has gone so far:
Me: Your Declaration of Conformity does not cover the GEN3 camera you mentioned.
Authority: The declaration doesn’t need to specifically cover the GEN3 camera because it's manufacturer certified.
Me: You cannot rely solely on a manufacturer’s certificate; a specific declaration and acknowledgment for the camera model in use is required, as per Department for Transport guidance.
Authority: We have now uploaded a declaration for gen 3 systems.
Me: The uploaded declaration is for the GEN3 camera, but it’s dated after the contravention.
Authority: Oh, the reference to GEN3 was a typo. We actually used a GEN2 camera.
Me: There seems to be some confusion regarding which camera was actually in use.
Unfortunately, it has been difficult to find detailed information about these devices. I’ve contacted both the VCA and TES for clarification, but time is pressing as my appeal is currently awaiting a decision. All of this has been unfolding in the evidence comments of the online traffic penalty tribunal. How can I get more information to definitively determine which camera was used, and how should I proceed given the authority’s shifting responses?

Apologies, I have opted for an adjudicator decision with no hearing. I am still able to upload evidence and comment on previously submitted evidence until a decision is announced. I had hoped to show definitively that this camera was not approved at the time of the contravention.

The authority are clearly concerned as the Head of dept has now emailed me outside of the process stating a typo had been made. Presumably, they will present this as evidence, to counteract the email I have from a more junior member of staff, stating a different model of camera.

Go to govt. link re approved devices to check this camera.

You need to get the VCA statement in writing.  e mail: enquiries@vca.gov.uk  Mr.C. McCabe usually replies and he is a diamond.

You are correct: there are two processes: manufacturer's certificate and then letter to the council. AND in their pack it must be signed.

You should be asking for a personal hearing.

My appeal is awaiting decision with the adjudicator at the moment, but I am still able to upload further evidence to the site whilst waiting. I have recontacted the vca for further info via email so hopefully that may be of some help. Would you always recommend a hearing in person?
I opted for adjudicator decision, because I tend to communicate best in writing.

What's odd about these cameras is that there seem to be no pictures of the gen 2 anywhere on the Internet. I even used archive.org to check the manufacturer’s website, going back to 2010. They seem to have only ever advertised the origional 'small blue' and 'small blue gen 3'. Both models are still available today but not the illusive gen 2.

It's Stoke on Trent

I'll link to my appeal letter to the TPT below, it contains all my evidence including pictures etc.

The discussion around approved device is not covered in this letter, as this has been unfolding in the online TPT portal.

As you will see - I've dropped a few clangers - which I've noticed myself and messaged the tribunal to own up to. I thought the bus lane was not in use at the time of the contravention. I had misread the dates.

Despite that however I think I have made some strong points and if I get get this camera business sorted - I feel it will strengthen my case considerably.

https://drive.google.com/file/d/1GjuzWgGHalcnRwfMX24oANF1qQhko2si/view?usp=sharing

One of the diagrams didn't display correctly when I redacted the document - here is the diagram as included in my letter to the adjudicator showing the Bus Gate too far into the junction with reference to the relevant TRO. https://drive.google.com/file/d/1uFpmqT18HvhBaawQCR5tR0racUkDzAK9/view?usp=sharing