Carflow ANPR model

prjohnsonnn10

this lot have started locally to me and have dished out a ticket to a colleague. using ANPR and some oddly worthded signage. see attached. any thoughts on the signage ? I will put together a generic anpr rebuttal + also the usual no authority demonstrated etc etc but wld appreciate any views on the signage. they state that in event of breach then motorist agrees to pay etc etc which is still presumably defendable at POPLA even post Beavis ie are levying a 'charge' in event of 'breach'.

thanks

prjohnsonnn10

image below of the signage in use

http://s20.postimg.org/nbt8ffwql/0001.jpg

Quentin

Direct your colleague to the newbies faq thread at the top of the forum for everything to do with submitting his appeal

prjohnsonnn10

yes im just about done with the appeal documentation - just asking what the view is on here post Beavis of that language being used . Beavis car park was a different charging structure so do we know if POPLA are responding positively to the PPC model of 'payment for breach ' ?

Grimble

No contract can have been formed as there is no address.

Redx

also, as can be seen in recent POPLA decisions in the sticky thread, they dont tell you when the "parking time" actually starts (as opposed to time on site), nor do they tell you about what will be done with captured ANPR data

this has caught out PE a few times recently in well worded popla appeals

prjohnsonnn10

Many thanks. Good responses. BTW i just noticed this in their NTK letter

'....Please bear in mind that you can only appeal to POPLA using the evidence you have presented to Carflow, they will not consider any new evidence...'

Presume this is totally incorrect and misleading also?

Redx

what a load of tosh, you can appeal to POPLA using any grounds you see fit , but its best to include everything you can in the initial appeal, by pdf attachment , to popla, as they may not consider any future rebuttals

Fruitcake

Where ANPR is used the signs must state what purpose the data will be used for. If it doesn't it is (I think) a breach of the Data Protection Act.


The sign doesn't explain what ANPR stands for. It has more than one meaning, for example it also means Advance Notice of Proposed Rulemaking, and Association of National Park Rangers for egg-sample.


Are you (your colleague) using the template from the NEWBIES thread (initial appeal) or are you at PoPLA stage? I'm confused.

prjohnsonnn10

popla stage..... will dig around for the most appropriate one i can find / template and put it together.

Coupon-mad

Definitely include the fact there are no signs to inform a driver how the data caputred by ANPR will be used, which is an ICO data handling breach as well as a specific breach of the BPA Code of Practice.

You will find recent POPLA appeal wording on any POPLA threads in Feb/March, as we have changed it quite a bit to try to keep winning at 'new' POPLA. That's why the above one is important because POPLA have used it as a winning reason more than once. Even the examples in the NEWBIES thread have been overtaken by more recent POPLA examples, so I do intend to change the examples shortly, to newer ones.

Never seen a 'Car Flow' NTK before, can you show it to us please, prjohnsonnn?