London Borough of Waltham Forest – Entering and stopping in a box junction


SITUATION

The Enforcement Authority (EA) claimed the appellant stopped in a box junction.

However at the Tribunal the EA did not provide CCTV footage as part of the evidence.


EA’s providing CCTV evidence is crucial within a hearing. If they do not provide it, the case is either adjourned or found in the favour of the appellant.


WHY WAS IT ALLOWED?

The adjudicator is only able to decide an appeal by making findings of fact on the basis of the evidence actually produced by the parties and applying relevant law.

All the evidence at the time of the hearing was considered and without the CCTV evidence.

The contravention did not occur.