caught on camera - no signs

ruspj

hi

i received a pcn from a private parking firm the other day

it includes 2 images on my car - 1 entering & 1 leaving

no times marked in the images but stated in the letter

there are no signs on the site informing visitors of the use of CCTV on the site.

am i correct responding pointing out that clear signs are a legal requirement for CCTV under GDPR, asking them to explain where the clear CCTV signs are, & if clear CCTV signs do not exist on the site then asking them to comply with GDPR by following my request to delete all images of my veichle?

from what i have heard they cannot legally refuse to detele this as it is classed as identifyable information under GDPR and that i was not informed that it was being collected.

i dont expect them to actually delete the images but if they try to persue the pcn in court would the images be admissable in court

KeithP

Who is the parking company?

ruspj

was from parkwithease

my instant reaction was to say i was unsure who was driving at the time, point out CCTV signs are a legal requirement, not present, & ask for images to be deleted

Umkomaas

my instant reaction was to say i was unsure who was driving at the time

Irrelevant if they meet the requirements of the Protection of Freedoms Act 2012 (Schedule 4).  They can hold the keeper liable regardless as to who was driving. 

point out CCTV signs are a legal requirement, not present, & ask for images to be deleted

Are they?  But, highly unlikely for them to be using CCTV, most PPCs use ANPR. Different kettle of Kodak!

Please read the NEWBIES FAQ Announcement, post #1 to get a much better understanding of what it is you are now dealing with. 

KeithP

Park With Ease Ltd are not a member of either the BPA's Approved Operator Scheme nor a member of the IPC's Accredited Operator Scheme.

I wonder how the got the Registered Keeper's details from the DVLA.

Umkomaas

KeithP said:

Park With Ease Ltd are not a member of either the BPA's Approved Operator Scheme nor a member of the IPC's Accredited Operator Scheme.

I wonder how the got the Registered Keeper's details from the DVLA.

That seems to have changed (relatively) recently. They used to be an AOS member (can't recall which ATA), quite active around the north west of England, especially the Lake District. We saw a few of their cases come through from time to time. 

ruspj

i thought the difference between CCTV and ANPR was that the official national police / security thing was ANPR and exempt due to only being accessable for selected reasons by police.

i may be wrong but i thought :-

if it is part of national ANPR scheme private firms cant access it.

if its not part of national ANPR scheme its not included in the exemption from GDPR.

not an offical document or anything but https://platerecognizer.com/gdpr-compliance-for-anpr/ goes into some detail and under informing it says "If you intend to use ANPR cameras, GDPR requires that you provide signage to all persons notifying that the cameras are present, state their purposes, and also provide details for follow-up if desired."

KeithP

Umkomaas said:

KeithP said:

Park With Ease Ltd are not a member of either the BPA's Approved Operator Scheme nor a member of the IPC's Accredited Operator Scheme.

I wonder how the got the Registered Keeper's details from the DVLA.

... quite active around the north west of England, especially the Lake District.

Yes, their website lists a grand total of four car parks one near Preston - at Brockholes, and three in the Lake District - at Go Ape Grizedale, at White Moss Car park and one other apparently in the middle of nowhere.

KeithP

ruspj said:

i thought the difference between CCTV and ANPR was that the official national police / security thing was ANPR and exempt due to only being accessable for selected reasons by police.

You are mistaken.

ANPR is used in thousands of private car parks up and down the country.

However, local authorities are forbidden to use ANPR technology due to its inherent weaknesses.

Half_way

What trade association do park with ease belong to, just had a quick look - couldnt find them.

Whos car park was this in?

ruspj

shouldnt effect me but the carpark hey are trying to charge me is in telford arround 150 miles from the nearest carpark shown on their map.