@cp8759 Please be advised that the evidence must be provided 5 days before the hearing not 7 as you have stated. :o
@Hippocrates but paragraph 7(6) of Schedule 1 to the LLA 1996 says:
(6) Nothing in sub-paragraph (1) or (4) above makes a document admissible as evidence in proceedings under paragraph 6 above unless a copy of it has not less than 7 days before the hearing, been served on the appellant; and nothing in those paragraphs makes a document admissible as evidence of anything other than the matters shown on a record produced by a prescribed device if that person, not less than three days before the hearing or within such further time as the traffic adjudicator may in special circumstances allow, serves a notice on the enforcing authority requiring attendance at the hearing or trial of the person who signed the document.
Has there been an amendment I have missed?
Well this is getting more and more interesting, following the ICO's Decision Notice I made a fresh information request on 12 February:
There is a bus lane CCTV enforcement camera on Charlton Church Lane at the junction with Barney Close.
I would like to request a copy of any evidence which confirms that the camera at that location is a device covered by certificate EADM058.
They sent me this on 11 March:
(https://i.imgur.com/ewZX5hB.png)
So I made a perfectly reasonable request for an internal review:
I hereby request an internal review of the handling of this information request.
You have sent me a copy of certificate EADM058, which I did not request and had already.
My request was not for a copy of the certificate, my request was for any information confirming certificate EADM058 applies to the CCTV camera on Charlton Church Lane at the junction with Barney Close. As this information is not stated on the face of the certificate there must be information somewhere else to show that this particular certificate applies to that particular camera.
In the alternative if the council has no information to confirm that certificate EADM058 applies to the CCTV camera on Charlton Church Lane at the junction with Barney Close, please could you confirm that no information is held in that regard.
I chased a response on 10 April and the answer was:
Please accept our sincere apologies for a delay in providing a response to your Internal Review request. We apologise for any inconvenience this may cause. The service providing you with your response has been chased today and they do remain committed to responding to your request as soon as possible.
The obvious suspicion now is that they have no idea whether that certificate covers the camera in question, at the tribunal they just say it is but they don't know if it's true or not, they just make it up.