CCTV Camera Not on Secretary of State Approved Device List
Only cameras that have received Secretary of State approval under the relevant regulations may be used for civil parking and moving traffic enforcement. If the camera used to capture the alleged contravention is not on the approved list, any evidence it produces is inadmissible. Councils must be able to confirm the approval reference for each enforcement camera. Unapproved devices render the entire PCN evidentially unsound.
Legal basis
Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging and Effective Service) (England) Regulations 2022 SI 2022/576; Road Traffic Act 1991 s.20
How to identify this in your case
The PCN is based on CCTV/ANPR evidence. Request the Secretary of State approval reference number for the specific camera (identified by location or device ID). Check the current approved device list on GOV.UK. If the device is not listed or the reference cannot be produced, challenge on this ground.
Sample appeal wording
Dear Representations Team, Re: PCN [NUMBER] — Device Approval Disclosure Request This PCN relies on CCTV/camera evidence. I make a formal disclosure request. Under the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging and Effective Service) (England) Regulations 2022, enforcement cameras must hold Secretary of State approval. I formally request: 1. The device ID or location reference of the camera that captured the alleged contravention 2. The Secretary of State approval reference number for that device 3. Confirmation that approval was valid on the date of the alleged contravention If this information is not provided within 21 days, or if the device was not approved, I submit that the evidence cannot be relied upon and the PCN must be cancelled. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging and Effective Service) (England) Regulations 2022 SI 2022/576
- https://www.gov.uk/government/publications/enforcement-camera-approvals