HUNDREDS of parking fines issued to motorists caught by 'spy cars' in Waltham Forest could prove invalid.
At a landmark ruling at a tribunal in Merseyside, three fines, issued to shopkeeper Rachel Johnson, were deemed invalid as proper signposting was not in place.
According to the ruling, the law requires warning signs to be put up to say the cars, which are fitted with periscope-mounted CCTV cameras, are in operation.
And Barry Crace, who lives in Wanstead, but was spotted by one of the cameras in Waltham Forest, is now contesting his fine.
Mr Crace, 64, of New Wanstead Road, is also calling on others to challenge fines issued after being caught by the 'spy cars'.
Last week, Rachel Johnson, 34, who runs an off-licence in New Brighton, Merseyside, successfully challenged Wirral borough council as she received no warning about the cameras.
The cameras, which are mounted on Smart cars, are used to catch drivers breaking parking laws.
In February, the Guardian revealed Waltham Forest council is to double its fleet by next year.
Motorists have claimed they are not being used to improve safety and are only in place to increase revenue brought in by issuing fines.
But the council has insisted the ruling in favour of Ms Johnson will not apply in Waltham Forest.
Cabinet member for environment Cllr Bob Belam said: “The case in question relates to the conduct of Wirral Council’s parking enforcement service and Traffic Penalty Tribunal rulings do not apply in London.
"There is currently no legal requirement for signage to be put in place where CCTV parking enforcement is happening and there have been no major issues relating to CCTV enforcement regarding signage in the capital.
“As such Waltham Forest Council will not be reviewing or rescinding tickets issued by its fleet of CCTV enforcement vehicles and will continue to use them to keep the borough’s streets safe for motorists, cyclists and pedestrians.”
Mr Crace was caught about two weeks ago and fined £60 for stopping in a yellow box near the Green Man Roundabout in Leytonstone.
He said: "I'm surprised at the council - I would have thought if it would work in one place, it would work everywhere.
"They should have to put up those notices."
Mr Crace has not paid the fine and has written a letter of complaint but said he has yet to receive a response.
Director of technical services for Wirral borough council Dave Green said: “Each case is assessed on its own merits and this ruling does not mean that everyone who has received a ticket will be successful if they appeal.
“In this particular case, the appellant was parked in a No Waiting area but was able to provide evidence that she was loading or unloading her vehicle.
“The adjudicator also felt that we had not provided enough evidence of the warning signs that were in place.”
Mr Green added that the car has an 11ft mast on it, as well as clear markings to identify it as CCTV, in line with Government guidance.
Have you been caught by a 'spy car'? Do you plan to challenge the fine? Contact the Guardian on 07768 507 739 or email chack@london.newsquest.co.uk
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