Private driveway

Lindsey006

I have a vehicular right of way across a private car park to my house, which is freehold. The right of way is not in dispute.
A large parking management company is going to introduce ANPR to manage the car park. I have to drive across the car park to access my house so will pass the cameras. When I drive onto my driveway I leave the car park. The charges introduced by the parking management company are being applied to my driveway and in order to avoid these I have to give a list of car registrations that regularly visit my home. Any visitors would also have to email their registrations to say they are visiting me to avoid the charges. Is this legal? I have no contract with the parking management company, they say they will reimburse any charges applied in error, but do they have a right to ask me for this information as my driveway is outside the controlled area. Any advice would be much appreciated!

KeithP

Hello and welcome.

I think your discussions would be best carried out with the car park owners rather than the parking company. 
Which parking company?

Half_way

Do you have the right to pass and repass without let or hinderance?
I would refuse the offer of   a whitelist as this is prone to errors, what if you forget, have guests, or are in an an alternative vehicle/hire car
you need to tell them that the anpr is not acceptable, as it imposes conditions on your access and should a vehicle receive a parking ticket you will treat it as a GDPR breach.

Lindsey006

I have a right, as do my visitors, to freely access my house at all times according to the deeds of my house. The car park owner is concerned with their car park, and just refer me back to the parking management company UKPC. 

If I don’t give the registrations of cars using my driveway I will just get PCNs and will have to appeal which is going to be a pain. 

Fruitcake

You are not legally required to give your personal data to a private unregulated parking company. Your beef is with the car park owner. Your grief will be with UKPC who will use everything they possibly can to issue parking charges.

You might want to seek legal advice. You may be able to get it free through a trade union if you are a member, or through certain types of bank accounts, or with house or car insurance, or you may be able to get a free half hour or hour with a local solicitor.
You could get a solicitor's letter to warn the car park owner that any interference with your right to quiet enjoyment, and your right to access your property via an established right of way, due to their employment of UKPC would be unlawful, and you retain the right to take legal action against the car park owner and their agents for any and all breaches of the DPA and GDPR.

Get your retaliation if first, and make it quite clear what the consequences will be for them if you or any lawful visitors (friends, family, delivery services, etcetera) receive unsolicited speculative invoices from an unregulated parking company.

You cannot possibly know in advance who will drive to your property, so it not only unreasonable, it would be impossible to send VRMs to UKPC in advance. It would be a contract term void for impossibility.
Trying to get any PCNs cancelled post event would also be impossible because in many case, you may not even know about them. You could find your property blacklisted by deliver companies including Royal Mail and Parcelforce, NHS visitors, and pharmacy deliveries.

The UK Government has prohibited the use of ANPR scameras in council and local authority car parks because they are not fit for purpose. Foot patrols by a parking attendant would (should) solve all potential problems at your site because they would (should) only target unauthorised motorists who stop in the car park, not motorists who have a right to drive through it.

I suggest you contact your MP about this problem as well. 

fisherjim

So the expect you to be an unpaid parking attendant wasting you own time and effort for their scam parking management.

ANPR is not fit for purpose if they want to control the car park they should use foot patrol, and you can bet they will make any errors very difficult to cancel, all totally unacceptable in my view.

Half_way

It's absolutely vital that you object to this, and do not accept any restrictions, whitelists or any other restrictions.
Doing so may have an effect on your rights of access, and will cause issues in the future not to mention what may happen should you want to move at some point

Trainerman

I agree with all the above. Bl****y cheek !! However, there is a practical way out that will totally be at the expense and time of the PPC. They must put another ANPR camera to cover the entrance to your drive, and spend time subtracting the VRMs that pass that one, from the ones that enter the car park.

They are creating the problem, let them spend time and money solving it !

Fruitcake

Trainerman said:

I agree with all the above. Bl****y cheek !! However, there is a practical way out that will totally be at the expense and time of the PPC. They must put another ANPR camera to cover the entrance to your drive, and spend time subtracting the VRMs that pass that one, from the ones that enter the car park.

They are creating the problem, let them spend time and money solving it !

No, that won't work. ANPR is so unreliable, and added to the fact that inexplicably images will disappear due to inadequate software deliberately being used, it will not resolve anything.
If the car park owner wants to employ an unregulated parking company that was caught doctoring time stamps on their photo' "evidence" to make it look like people were parked longer than they really were, that's up to them. They have a duty of care that it does not interfere with the rights of the OP including any and all visitors to the OP's property.

There are only two solutions. 
1) Don't employ an unregulated company at all.
2) The unregulated company must only use foot patrols, not ANPR, and the car park owner must guarantee that no PCNs will be issued to vehicles passing through the car park and/or parked on the OP's property.
They must also ensure the OP's privacy and that of any visitor is not invaded.

In addition to all the other advice, I suggest Lindsey006 contacts the council planning department and objects to the installation of ANPR cameras, giving all the reasons why this will affect their existing rights, the rights of visitors and delivery services, and the adverse effect such a scheme would have on their property resale value. They should also ensure that whatever unregulated PPC infests the car park must have advertising consent approved for their signs. Not having it is a criminal offence.

Trainerman

Fruitcake said:

Trainerman said:

I agree with all the above. Bl****y cheek !! However, there is a practical way out that will totally be at the expense and time of the PPC. They must put another ANPR camera to cover the entrance to your drive, and spend time subtracting the VRMs that pass that one, from the ones that enter the car park.

They are creating the problem, let them spend time and money solving it !

In addition to all the other advice, I suggest Lindsey006 contacts the council planning department and objects to the installation of ANPR cameras, giving all the reasons why this will affect their existing rights, the rights of visitors and delivery services, and the adverse effect such a scheme would have on their property resale value. They should also ensure that whatever unregulated PPC infests the car park must have advertising consent approved for their signs. Not having it is a criminal offence.

I do like that one !!!

Coupon-mad

Object to the landowner and the council.  This site is not suitable for remote ANPR and would affect your 'peaceful enjoyment of your amenity' and interfere with the establish rights of way.

Which parking firm?

Write to them too (Council, landowner and PPC) and state the above and say absolutely "no" you do not consent to your car being filmed or to give your own and your visitors' personal VRM data out to somehow beg for permission to use your rights of way.  The site is not suitable for remote ANPR enforcement and they must cease and desist.