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technicalUK · England & WalesDifficulty: hard

Mobile CCTV Camera Not Approved for That Location

A mobile CCTV enforcement vehicle — a car or van with cameras used to catch traffic offences — can only be used in locations the council has specifically approved for that type of enforcement. If the camera filmed you somewhere that is not on the council's approved list, or falls outside the area the council is allowed to cover, the footage cannot legally be used as evidence. Councils must keep records of every site where mobile enforcement is permitted.

Legal basis

Civil Enforcement of Road Traffic Contraventions (Approved Devices) Regulations 2022; Traffic Management Act 2004; Secretary of State conditions for mobile device approval

How to identify this in your case

Your penalty charge notice (PCN) says the evidence was recorded by a mobile enforcement vehicle or CCTV enforcement car. Ask the council to confirm that the exact location where you were filmed was on their approved list for mobile camera enforcement on the date in question, and ask them to provide the authorisation document showing this.

Sample appeal wording

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

Dear Representations Team, Re: PCN [NUMBER] — Mobile CCTV Enforcement Authorisation I note that this PCN was captured by a mobile CCTV enforcement vehicle. I formally request: 1. Confirmation that [LOCATION] was an approved and designated site for mobile CCTV enforcement on [DATE] 2. The Secretary of State device approval reference for the mobile unit 3. The council's authorisation document for that specific location If the location was not specifically authorised for mobile enforcement, the evidence was obtained unlawfully and the PCN must be cancelled. Yours faithfully, [NAME]

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Sources

  • Civil Enforcement of Road Traffic Contraventions (Approved Devices) Regulations 2022 SI 2022/576

Related appeal grounds

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