Full Video Footage Not Provided Within Required Period on Request
A motorist is entitled to request the full video evidence relied upon for a PCN. The council must provide this within a reasonable time (and certainly before any appeal to the Traffic Penalty Tribunal). Failure to provide the footage, or provision of edited/truncated footage only, means the council cannot rely on footage it has not disclosed. The TPT will generally cancel a PCN where evidence is not properly disclosed.
Legal basis
Traffic Penalty Tribunal Procedure Rules (disclosure obligation); Data Protection Act 2018 s.45 (Subject Access Request for personal data); common law duty of disclosure
How to identify this in your case
You have requested the full video footage and have received only still images, truncated clips, or nothing at all. Chase the request in writing with a clear deadline. Reference the TPT's practice direction on evidence disclosure.
Sample appeal wording
Dear Representations Team, Re: PCN [NUMBER] — Failure to Disclose Video Evidence On [DATE] I requested the full video footage relating to the alleged contravention forming the basis of this PCN. As of [TODAY] I have not received [the footage / complete footage — only still images have been provided]. I require the full, unedited video footage as a precondition of my representations. This evidence is clearly in your possession as the basis of the PCN. If full footage is not provided within 14 days I will: 1. Appeal to the Traffic Penalty Tribunal on the ground that the council has failed to discharge its disclosure obligations 2. Submit a Subject Access Request for all personal data including footage under the Data Protection Act 2018 Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Traffic Penalty Tribunal Procedure Rules
- Data Protection Act 2018 s.45