Bus lane fines to be challenged under data protection rules

Paul Mackie, a consultant on CCTV, said a challenge by a Livingston couple to their £274 fine, on the basis it falls foul of data protection legislation, could pave the way for others.

Mr Mackie, compliance director in Scotland for CameraWatch said the case, due to be heard at Glasgow Sheriff Court later this month, could see the legality of bus lane, average speed camera and other fines brought into question.

The couple, Geoffrey and Dawn Bonelle, are seeking to reclaim their £274 on the basis the signage in Nelson Mandela Place is poor.

Mr Mackie said: “This is like a bowling ball rolling towards the pins, and it could be a very major problem for Glasgow City Council.”

He added: “From my point of view, I hope they see the threat of the Bonelles’ case as a wake-up call so that they finally fix their compliance issues.”

Under data protection legislation, Mr Mackie said that traffic cameras must be accompanied by CCTV notices telling drivers who is collecting their data – including information on faces and number plates.

There is no such information in Nelson Mandela Place.

The CCTV expert said that, as such, the evidence used to fine the couple is inadmissible.

But council bosses were firm that the signage complies with the law.

The bus gate, activated in 2014, brought in a substantial £1.3 million in its first year of operation.

If successful, the Bonelles’ case would be the first in the UK to overturn a bus lane fine on the basis of data protection rules.

A spokeswoman for Glasgow City Council said: “The signage for bus lane cameras is fully compliant with the relevant legislation.”