Landmark ruling on council ‘spy cars’

4th May 2012

A motorist from Southend has had his parking fine overturned, in a ruling that could have national implications.

He had been caught by a mobile CCTV camera in a council ‘spy car’ for not displaying his blue disabled badge, and had his appeal against the £50 fine rejected.  He then took the case to the national Traffic Penalty Tribunal. 

It emerged at the Tribunal that the council had been encouraging its wardens to get out of their vehicles to see if motorists had displayed the correct parking permit, following complaints from drivers that they had been wrongly ticketed because their permit was not visible on the CCTV footage.

The adjudicator ruled in the motorist’s favour, pointing out that official Government guidance, published in 2004, said that camera cars should not be used if conventional traffic warden patrols (on foot, bicycle or moped) were a viable alternative.  The fact that the camera car driver had got out of his vehicle to see if the motorist had displayed his blue badge meant the street could have been patrolled by a warden.

Southend Council said it would take the case to the British Parking Association.  But the verdict means other drivers given similar fines elsewhere in the UK could also argue that the CCTV car was not being used correctly, if they are prepared to appeal.