London Borough of Waltham Forest – Failing to comply with a restriction on vehicles entering a pedestrian zone

SITUATION

The appellant claimed they were parked up, and when trying to leave the parking place they were forced into the pedestrian zone as there was no other route they could take due to other vehicles blocking the way.


The adjudicator attempted to view the CCTV footage but it gave an error.

The IT technicians at the hearing centre were also unable to access the CCTV footage.


WHY WAS IT ALLOWED?

Usually in situations like this the adjudicator adjourns the hearing to allow the Enforcement Authority (EA) the opportunity to remedy the fault, however the Appellant had attended and the adjudicator did not find it in the interests of justice to adjourn the appeal further.

It is the responsibility of the EA to provide the adjudicator with a working system to access their CCTV footage of moving traffic contraventions.

Therefore the contravention was not proved.