Motorists are relentlessly held to account by local authorities for the most minor alleged contraventions of their bye-law traffic orders, increasingly by means of CCTV surveillance, but there are many statutory enforcement requirements and guidance documents defined by Parliament which enforcement authorities fail to comply with. The majority of motorists are unaware of the raft of laws and official guidance that governs the proper use of CCTV in relation to data protection of individuals and in respect of local authority powers to enforce parking and traffic contraventions.
NMAG is dismayed at the extent of non-compliance on the part of enforcement authorities with these laws and rules. In some cases these breaches appear to arise through unacceptable lack of knowledge of the law (that’s never accepted as an excuse for a motorist), in others and more shockingly, the rules are knowingly disregarded, either for reasons of expedience or for the apparent reason of maximising penalty revenues as much as possible.
Especially when CCTV is involved, the rights and powers as between the individual motorist and an enforcement authority is extensively one-sided and disproportionate to the advantage of the authorities.
NMAG’s problems with CCTV enforcement of parking and traffic contraventions
- It is extensively used indiscriminately by enforcement authorities for maximising the profitable issuing of PCNs, frequently with disregard of Statutory Guidance and regulatory requirements.
- Authorities often fail to comply with Data Protection Act provisions on ‘fair processing’ by their lack of clearly-visible warning signs most of which, when actually present, do not comply with regulatory requirements.
- Great numbers of PCNs have been illegally issued by reason of the CCTV equipment employed having not been certified as Approved Devices as required by the legislation.
- Great numbers of PCNs continue to be issued where the validity of the Approved Device certifications is uncertain and where the approvals process appears to be defective.
- Mobile Enforcement Vehicles (MEVs) routinely wait knowingly in disregard of parking restrictions and sometimes when committing endorseable traffic offences.
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