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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: ja1390 on January 13, 2024, 02:52:34 pm

Title: I received a PSPO fine for driving a standard car with no modifications past a noise camera. No right to appeal either!
Post by: ja1390 on January 13, 2024, 02:52:34 pm

Hi guys,

So I received this in the post, it is a FPN for passing a noise camera too loudly.

https://ibb.co/ZmhN4HF
https://ibb.co/yWKN91Z

The noise camera was set up in this area as there is regularly a car meet here during the day on weekends. At the time in question, the car was travelling alone past the camera at 11pm on a weekday. It wasn’t being driven aggressively, being revved or speeding up repeatedly like it suggests. I would 100% appeal this but it says you have to wait for a court summons to do that and then the fine can be much more.

My issues are:

Do they not have to prove who the driver was, as this is technically a criminal offence from my limited understanding? Or could they demand that I name the driver if it goes to court?

Presuming they have a video, which shows that my car triggers the decibel meter, would they not also have to prove “revving” and “repeated sudden acceleration" "as to cause a public nuisance"? Is that possible by just having a video camera with a decibel meter attached? What if I was just late on my way home but not breaking any speed limits? For reference it is a Porsche Boxster so it is louder than the average car anyway, without trying to be a nuisance.

I understand what these cameras were set up for. I've seen people parked up on Sloane Street revving with pops and bangs maps and modified exhausts. That's not what happened here or what they were installed for, the car was literally driving past it, and it is a non-modified car with a factory fitted exhaust.

My biggest gripe is that there were no signs in the area, no warning letter, just straight to a £100 fine with no right to appeal. Seems very unfair, are they asking us to know every council rule for every area we drive into?

Has anyone got any experience with these? Are they enforceable if taken to court, or do I have a good chance of beating it? If slim chances I'll just pay it.

Thanks for your help!