Breaking News: Government has announced the statutory Code of Practice, and Enforcement Framework

Castle

Here are the Police ANPR regulations-they are required to be 93% accurate, (at a minimum);-
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1048914/NASPLE_Version_2.3_January_2022.pdf

Umkomaas

And who will audit/ confirm they are fit for purpose and maintained? Will the BPA & IPC think this is something can do given their absent record on auditing PPCs to date?

At one time POPLA were dismissing appeal points focusing on the accuracy of ANPR cameras by stating that they were audited by the BPA. The BPA disabused them of that notion (not us Guv), but POPLA continued with their stance. Eventually the penny dropped (or was shoved somewhere ... ), and they stopped stating that the BPA audited the cameras. 

The appeal point never bore any fruit. Newbies are not encouraged to include it in their POPLA appeal, ......... but things might change once the new appeals body is in place!

Fruitcake

NCC1701-A said:

Patient dream posted this extract from code of practice earlier:

7.1 Use of photographic evidence technology

Many private parking operators use automatic number plate recognition (ANPR) technology to issue parking charges. The Code prevents parking operators from issuing parking charges unless the photographic equipment is fit for purpose and maintained appropriately and complies with relevant standards and regulations. This may impose a cost to operators who need to update their technology.

Does anyone know what are the relevant standard and regulations? (I believe councils can't use ANPR for their car parks - so are there in fact any?). 

And who will audit/ confirm they are fit for purpose and maintained? Will the BPA & IPC think this is something can do given their absent record on auditing PPCs to date?

There are standards and regulations, but it is a bit of a convoluted trail.


Prohibition of ANPR use by councils

Part 6 of the Traffic Management Act 2004 para 87 as amended by the Deregulation Act 2015 section 53 (*addition of para 87a *) allows for certain types of equipment to be prohibited.

* (1)The Secretary of State may by regulations make provision to prohibit the use by civil enforcement officers of a device of a description specified in the regulations, or of records produced by such a device, in connection with the enforcement of parking contraventions on a road in a civil enforcement area in England.*

According to,

The Secretary of State's Statutory Guidance to Local Authorities on the Civil Enforcement of Parking Contraventions, published in 2006

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/873752/statutory-guidance-local-authorities-enforcement-parking-contraventions-document.pdf

1.1 This Statutory Guidance is published by the Secretary of State for Transport under section 87 of the Transport Management Act 2004.

...

Enforcement using Approved Devices 
8.9

"Penalty charge notices must not be served by post on the basis of evidence from an approved device other than when vehicles are parked on:

a bus lane;
a bus stop clearway or bus stand clearway;
a Keep Clear zig-zag area outside a school; or
a red route."


In other words, a device has to be approved by the Secretary of State. It is not that ANPR is a prohibited device, it is that it is only approved for use in certain circumstances as given above. Conversely it cannot therefore be used anywhere else for any other reason, including on street and off street parking.

What we should be doing once the CoP comes into force, or even once it has been read in by MPs from both houses and approved, is quoting the parts of the CoP where it says devices must be fit for purpose, and quote the above reasons why the UK Government says ANPR is not an approved device.

NCC1701-A

Fruitcake said:

Enforcement using Approved Devices 
8.9

"Penalty charge notices must not be served by post on the basis of evidence from an approved device other than when vehicles are parked on:

a bus lane;
a bus stop clearway or bus stand clearway;
a Keep Clear zig-zag area outside a school; or
a red route."

So never for using a car park, and in particular never for entering or exiting a car park.

Do you think every PPC who uses ANPR will need to apply to Secretary of State for approval assuming they get around to moving their cameras to watching parked vehicles?

patient_dream

The thing is, ANPR are fixed cameras so they cannot move around .... CCTV can

The clever words in the new CoP ARE ... "FIT FOR PURPOSE"

Even the CEO of the BPA and the BPA themselves admits ANPR is not 100% which we know. You can watch him in this video and also where POPLA did not understand ANPR

https://www.youtube.com/watch?v=WIaKMkO3YVM&t=5s

With the new code ANPR operators will have to prove the ANPR they use is really fit for purpose. 

NCC1701-A

patient_dream said:

With the new code ANPR operators will have to prove the ANPR they use is really fit for purpose. 

That's part of my point, how will they prove it? Will Secretary of state need to approve it like with police ANPR, which sounds very costly and difficult, and then, they will need to install it to watch the car park rather than the entrance and exits which sounds even more expensive and difficult.  (how sad!)

patient_dream

NCC1701-A said:

patient_dream said:

With the new code ANPR operators will have to prove the ANPR they use is really fit for purpose. 

That's part of my point, how will they prove it? Will Secretary of state need to approve it like with police ANPR, which sounds very costly and difficult, and then, they will need to install it to watch the car park rather than the entrance and exits which sounds even more expensive and difficult.  (how sad!)

I don't know how they will ptove it

I imagine government looked very carefully at ANPR as it is not allowed in council car parks.
Their solution was not to ban them but to resrict them to such a point that the ANPR will become redundant.

As said, ANPR cannot "watch", it is static and aimed at numbers plates only.

They would need either predatory CCTV or a warden.  

The more you look into the new code, the better it gets

95Rollers

NCC1701-A said:

patient_dream said:

With the new code ANPR operators will have to prove the ANPR they use is really fit for purpose. 

That's part of my point, how will they prove it? Will Secretary of state need to approve it like with police ANPR, which sounds very costly and difficult, and then, they will need to install it to watch the car park rather than the entrance and exits which sounds even more expensive and difficult.  (how sad!)

I've got an upcoming case where its my word versus 2 photographs of my vehicle entering and leaving the site 23 minutes apart.  They have refused to furnish me with the ANPR report in between which restricts my defence of leaving and returning due to not being able to find a space.  Because I would be covered by the contractual grace periods on both occasions. The parking company have told me to prove I was elsewhere!  I can 100% tell you their ANPR isn't approved by State Secretary because they don't even have planning permission from the local council or even mention it on their contract with the landowners!  Cases like mine are pretty common. 

Again with spurious claims like these - which is a large bulk of them I feel they should at least provide evidence at the very least for what they accuse you of! But if they had to provide real evidence the vast majority of their claims would go down the toilets like their futures are heading.

patient_dream

Just like debt collector charges are banned in the new code which can be very persuasive to a judge with all the current claims with add-ons,
so .......
"FIT FOR PURPOSE" regarding ANPR can be persuasive to a judge

ParkingMad

Another document about ANPR: 

Guidance on ANPR Performance Assessment and Optimisation

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/909024/ANPR_-_Evaluation_Approved_Version_2.0.pdf

A paper about ANPR accuracy:

https://core.ac.uk/download/pdf/9840271.pdf