Private driveway

KeithP

Your Local Councillor(s) may also be able to influence the council's planning department.

Fruitcake

Coupon-mad said:

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.

It's UKPC. They will cause untold grief if they are allowed to install ANPR scameras.

Lindsey006

Thank thank you so much for the advice. It all is a bit overwhelming as I have lived here for 20 years with no issue previously.

I agree that I need to argue against this and had not thought of the planning department at the local council so I will definitely do that and hope they appreciate the issue (thank you!). 

I will write to my MP but he is fairly useless but worth a try. The car park is small, 20 spaces in a semi rural village with free roadside parking so seems a bit over the top but I appreciate the landowner is looking to earn so money from it. 

I will write to both the car park owner and parking management company to say that it will spoil my use and enjoyment of the right of way. I hope we can reach an agreement. Thanks everyone, I will let you know how it goes.

Coupon-mad

 I hope we can reach an agreement. 

They literally CANNOT use ANPR at that site because it stamps all over your right of way. Do not let anyone tell you that you should be agreeing!

Over 20 years use of that right of way by you, and maybe previous residents before you, means it is also an 'easement by prescription' and it cannot be extinguished. 

Be really robust and refuse and don't say " I hope we can reach agreement".  It's a flat NO.

Half_way

Lindsey006 said:

Thank thank you so much for the advice. It all is a bit overwhelming as I have lived here for 20 years with no issue previously.

I agree that I need to argue against this and had not thought of the planning department at the local council so I will definitely do that and hope they appreciate the issue (thank you!). 

I will write to my MP but he is fairly useless but worth a try. The car park is small, 20 spaces in a semi rural village with free roadside parking so seems a bit over the top but I appreciate the landowner is looking to earn so money from it. 

I will write to both the car park owner and parking management company to say that it will spoil my use and enjoyment of the right of way. I hope we can reach an agreement. Thanks everyone, I will let you know how it goes.

Thanks for responding so we know that the reply and advice given has not been a waste of time .

 Writing to the car park company will be a waste of time and will not get results - however it will show intent and proof that you have taken reasonable  steps to object should anything happen that would be  more of a pain than dealing with parking charge notices (i would put the odds quite high on that) While unlikely that it will stop the parking company it will act as an insurance policy for you should they try and take you to court for unpaid parking charge notices 

The bottom line is that you must object to, and refuse to agree to submit vehicle registration numbers to anyone , as this will impose conditions on your access which will no longer be free - and if you accept it then  potentially the right to pass over the land  to access the property will be gone

What I think may have happened here is that the car park owner has entered into a contract with the parking company and signed the various bits of paperwork - then realised that some people have a right of access over the car park , whatever may have happened between the land owner and the parking company is not of your concern, what is of importance is ensuring that the rights to pass over the land are not diminished or extinguished any any way by the imposition of any conditions  where if they are not followed would result in a financial loss / demands for money.

ANPR is not suitable for this site - as previously mentioned the only way forward would be for foot patrols and a Pay and display system, even an ANPR camera monitoring your exit area from the car park would be prone to issues ( see "double dips"  - it may be useful to see where this is on google maps as well .

So you need to object to both the car park company and the car park owner.

You ned to tell both that you will not co operate

you must tell the car park owner that they are responsible for the actions of their agents and should you, your guests , visitors etc receive a parking charge notice when a vehicle was not in the car park and was using the access then this may be treated as a breach of GDPR (data protection) which carries severe penalty's as well as personal liability for the landowner

Umkomaas

☝️☝️ Great post @Half_way 👆👆

Fruitcake

Lindsey006 said:

Thank thank you so much for the advice. It all is a bit overwhelming as I have lived here for 20 years with no issue previously.

I agree that I need to argue against this and had not thought of the planning department at the local council so I will definitely do that and hope they appreciate the issue (thank you!). 

I will write to my MP but he is fairly useless but worth a try. The car park is small, 20 spaces in a semi rural village with free roadside parking so seems a bit over the top but I appreciate the landowner is looking to earn so money from it. 

I will write to both the car park owner and parking management company to say that it will spoil my use and enjoyment of the right of way. I hope we can reach an agreement. Thanks everyone, I will let you know how it goes.

You need to use the correct legal terms when writing to the landowner and PPC. 

Things like the right to pass and repass to access and leave your property.
Your right to quiet enjoyment.
Your right to use a right of way.
Your right for you and anyone visiting your property not to receive parking charges.
Your right not to have your data purchased and processed by an unregulated private company without your permission in breach of the Data Protection Act 2015 and the General Data Protection Regulations 2018.

Warn the landowner that they are responsible for the actions of their agents, and warn them that you reserve the right to take legal action against them and the PPC.

I suggest you also write to the DVLA instructing them not to release (sell) your personal data without your permission at this site to any PPC.

Lindsey006

Thank you for all these great posts. I have written to say I that I do not accept the interference with my right of way and used all of your suggestions. I have also contacted my local councillor and will write to the planning department.
I will let you all know what the reply is. 
Still feel stressed with the whole thing but I feel better to have said no as I do feel it is completely unfair. 

Thanks again for all your support and advice!

The_Slithy_Tove

Lindsey006 said:

I will write to my MP but he is fairly useless but worth a try. 

Do contact your local councillor (that'll be your district/borough in a 2-tier system, or your unitary authority) as well. He/she will be able to have more direct influence over any planning applications for ANPR cameras. Also check if any such application has gone in (yet), though they may not yet be at that stage. Surprising how many PCs "forget" to do so.

1505grandad

'I suggest you also write to the DVLA instructing them not to release (sell) your personal data without your permission at this site to any PPC.'

When you contact the DVLA with the above you should state that you require a "suppression marker on your driver/vehicle record".

You "will be required to submit your reasons in writing to our DVRE (Driver Vehicle Record Enquiries) team."

("quoting from DVLA reply letter").

Hopefully they will be more accommodating to you than they were with me when I tried a few years ago on behalf of my daughter. In view of the various "instigations" that the DVLA is now involved in perhaps they have reduced their Vatincan-esque mindset/attitude with regard to motorists v ppc that were strongly shown in my dealings with them.