Levying motoring fines by post using CCTV evidence has been ruled illegal in a test case that could see thousands of existing fines overturned.

The panel said sending PCNs by post using CCTV evidence meant drivers may find it impossible to obtain the necessary evidence to prove they’d parked legitimately

London Tribunals found that Transport for London had incorrectly used CCTV cameras to fine eight motorists parked in bays on red routes in London.

The adjudicating panel said that sending penalty charge notices (PCNs) by post after the event using CCTV evidence, rather than via a civil enforcement officer (CEO) at the time, meant that individuals may find it impossible to obtain the necessary evidence to prove they’d legitimately been parked there for loading/unloading.

The panel continued: “A motorist parked in such a bay who encounters a CEO may, there and then, be able to show the CEO that s/he is loading or unloading or, if served with a PCN at the scene, can readily obtain the evidence – perhaps from the persons at the premises at which s/he was loading or unloading – to substantiate that claim in representations.”

The ruling comes after the use of CCTV to issue fines was limited in 2015 due to concerns of “overzealous enforcement by local authorities”.

In its 22-page judgment, available online here, the panel scrapped all eight fines, adding that while they “might have been lawfully served on the basis of evidence from a CEO”, it was a “procedural impropriety” under 2022 regulations for them to have “been served by post on the basis of evidence obtained from a CCTV camera”.

The case was led by Ivan Murray-Smith, a Conservative councillor who help drivers appeal unfair fines, and could be used to help overturn previous fines.

Analysis by The Telegraph of TfL data suggests it issues about 435,000 PCNs a year across all types, worth some £69m if the fines are paid in full at £160 a time.

However, TfL has said that “existing PCNs will not be revoked at this stage”.

A spokesman commented: “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.”