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| Case Reference: |
211005214A |
| Appellant: |
Mr John Harry Gibbings |
| Authority: |
Westminster |
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| Contravention Date: |
08 Dec 2010 |
| Contravention Time: |
10:44 |
| Contravention Location: |
Cavendish Square |
| Penalty Amount: |
£120.00 |
| Contravention: |
Parked or loading or unloading when prohibited |
| Decision Date: |
07 May 2011 |
| Adjudicator: |
Carl Teper |
| Appeal Decision: |
Allowed |
| Direction: |
cancel the Penalty Charge Notice and the Notice to Owner. |
| Reasons: |
Mr Segal appears on behalf of the Appellant.
I am not satisfied that the authority has complied with the requirement in paragraph 2(c) of the Schedule to the Civil Enforcement of Parking Contraventions (Approved Devices) (England) Order 2007, that the recording device must include a recording system in which "each frame of all captured images is timed (in hours, minutes and seconds), dated and sequentially numbered automatically by means of a visual counter".
Whilst each frame of the captured images are timed and dated, I find that they are not sequentially numbered automatically by means of a visual counter. Further, on examination of the copied stills downloaded from the CCTV footage the numbering is not in sequential order; the last two frames are timed at 10.44.40 and has the number 040 next to it, and the last frame is timed at 10.44.56 and has the number 633 next to it.
In coming to this conclusion I have accepted the argument advanced by Mr Segal, that the numbering of the visual counter is not sequentially numbered.
Regulation 4(4) of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 provides the grounds on which representations may be made against a Notice to Owner.
Regulation 4(4)(f) states:
'that there has been a procedural impropriety on the part of the enforcement authority'
"Procedural impropriety" in this context means a failure by the enforcement authority to observe any requirement imposed by the Traffic Management Act 2004 or the General Regulations or Representations and Appeals Regulations. This includes, pursuant to Regulation 4(5) (a) of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 the taking of any step, whether or not involving the service of any document, otherwise than in accordance with the conditions subject to which; or at the time or during the period when, it is authorised or required to be taken.
I find that the failure to sequentially number the captured images, by means of a visual counter, to be a procedural impropriety as so defined.
Regulation 7(2) of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 provides that if the Adjudicator concludes that a ground specified in Regulation 4(4) above applies, "he shall allow the appeal". There is no discretion about this.
The appeal is allowed.
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