Sadiq Khan could be forced to refund motorists millions of pounds in fines, after a landmark ruling.
A tribunal in the capital has found that Transport For London “broke the law” by using CCTV and not traffic wardens to fine drivers.
A panel of lawyers judged that TfL had contravened government guidance on the issuing of penalty charge notices (PCNs) to motorists parked on red routes in London.
In 2015, the government introduced laws to limit the use of CCTV in issuing fines because of “overzealous enforcement by local authorities”.
The judgement could force TfL into refunding almost £70 million to aggrieved drivers.
The capital’s transport authority issues around 435,000 PCNs of all kinds each year, according to data seen by the Daily Telegraph.
Paid at a full charge of £160, this is around £69million – a not inconsiderable sum of money.
The ruling from London Tribunals opens the way for other motorists across the country to appeal against their parking fines.
The Tribunal’s three adjudicators said TfL had acted with “procedural impropriety” by relying on CCTV to issue fines, when it should have used traffic wardens or civil enforcement officers.
They noted that government advice approved the use of CCTV only in certain circumstances where it was difficult or sensitive for enforcement to be carried out by personnel.
The current practice of TfL placed an unfair burden of proof on drivers, who had legitimate reasons to appeal against their fines.
The panel argued that motorists who have parked legally, for example in a loading and unloading bay, but are accused of contravening rules based on CCTV evidence, “may find it impossible to obtain the necessary evidence, after the event, to discharge the burden of proving loading/unloading”.
The case was brought to tribunal by Tory councillor Ivan Murray-Smith.
The 35-year-old welcomed the rulings and accused TfL of “getting away with” unlawfully using CCTV cameras to enforce parking rules for years.
TfL reacted with defiance to the judgement, insisting they would not be revoking PCNs that have been issued.
However, they added they are considering their next steps about enforcement of parking rules in red route bays.
A TfL spokesperson said: “We are committed to keeping London moving safely and efficiently, and compliance on the Transport for London Road Network is essential to achieving these aims.
“Enforcement by our compliance officers using CCTV cameras is an important part of tackling this and we are exploring next steps.
“Non-compliance impacts London’s air quality, creates safety risks, disrupts traffic and creates congestion for everyone.”
TfL lost 420 cases between June last year and March this year where CCTV evidence was used – and a total of 2,735 appeals were lodged with London Tribunals in the same period.
