Private driveway

Lindsey006

UKPC have replied to me, saying that they are going to talk to the landowner. They also say that because I can drive in and out and that they would refund any charges applied to vehicles on my driveway that my right of way is not affected. It is because I have to tell them of residents and visitors 24/7. This is crazy.

Fruitcake

What an absolute load of borax.
Your right of way will be affected if you have to do something, anything, pre or post event in order to exercise your right of way. Note my emphasis on the word "right".

If you get a PCN, if a visitor, a medical professional, a delivery driver gets a PCN, your right to exercise your right of way will have been violated.

It is perfectly possible that motorists will get PCNs without your knowledge, and may pay up, or be pursued for payment, including a court claim, without your knowledge. It will be impossible for you to provide VRMs of vehicles that visit your property unless the motorists tell you.
Where a motorist does not supply you with their VRM, then what UKPC are suggesting you do would be a contract term void for impossibility.

If your property is blacklisted by delivery drivers, taxi drivers, GPs etcetera because they have received PCNs, your right to exercise your right of way will have been violated.

All UKPC have to do is to use only foot patrols, and not install ANPR scameras. You should tell them so, and the landowner, and warn them that if your right of way is violated in any way, then you will consider taking legal action against the landowner and the PPC.
This includes issuing visitors to your property with PCNs, then each and every one will be a breach of your right to quiet enjoyment, your right to pass and repass the car park without penalty or hindrance, your right for any and all visitors to pass and repass the car park to reach your property. 
Any PCNs issued to your vehicle(s) will constitute a data breach of the DPA 2015 and the GDPR 2018, and each and every one will be reported to the ICO and the DVLA.

KeithP

Everything @Fruitcake has said is absolutely right.

You should also understand that this proposed 'change' will also affect the value or marketability of your property should you ever want to sell it.

And whilst talking about selling the property, remember that at that time you will need to disclose all disputes, including this one, which may also affect any selling price or deter prospective buyers.

You really must ensure that this proposal isn't implemented in the manner planned.

Coupon-mad

Lindsey006 said:

UKPC have replied to me, saying that they are going to talk to the landowner. They also say that because I can drive in and out and that they would refund any charges applied to vehicles on my driveway that my right of way is not affected. It is because I have to tell them of residents and visitors 24/7. This is crazy.

Crazy - yes - and you must make it clear in concise replies that you absolutely prohibit it, and will seek an emergency injunction if they try, and then you will sue them for the costs, as happened in UKPC v Davey.

This would ruin your property value.  Can you imagine trying to sell and explaining this caveat to a potential new owner?!

Half_way

It is because I have to tell them of residents and visitors 24/7

No, no you do not have to tell them, as previous is is imperative and of upmost importance that you do not tell them.

 In fact you should stop dealing with the landowners agents ( the parking company) and deal solely with the land owner.

 One simple word - No.

I'm going to throw another thing into the ring, if i was visiting  such a property i would not want my data sharing with a third party in that way .

Another thing - and im not 100% sure on how this could apply to your situation:

 You have the right to freely pass as you please - this is often called without let or hindrance.

 I have been out walking a few times with what can best be described as militant branch of the ramblers  who will move obstructions on public rights of way.

 So if there is a camera system that is causing issues then you may be able to move it/remove it  ( as long as you cause no damage)

 But that is going down a different road.

The Simple thing is that you will not co operate and you will not have your rights removed.

Dear UKPC ( if thats who this is) as previous to my other communications i will be declining any offer to provide you ( or anyone else) with details of vehicles entering/exiting the access to the property located at X Vehicles pedestrians etc have the right to freely pass through the land you intend to manage , and as such the imposition of an ANPR system is not acceptable

 Should the regsitered keeper of any vehicle using the right of access receive a parking charge notice then action may be taken against you/the landowner for a breach of GDPR.

 If you want to manage that site/area you will have to find an alternative solution as far as im concerned you can foxtrot oscar

Johnersh

Obviously the parking contract is for the car park, so they will need to prove that all your visitors actually used the car park and agreed to those terms of use. 

It appears at this juncture that ukpc have admitted that their system risks fining you and your visitors. Bank that.

Essentially this is a site wholly inappropriate for ANPR as it is not a 'closed' site. And yes, it may well inhibit the easement, depending on the terms of that right. 

The_Slithy_Tove

Lindsey006 said:

UKPC have replied to me, saying that they are going to talk to the landowner. They also say that because I can drive in and out and that they would refund any charges applied to vehicles on my driveway that my right of way is not affected. It is because I have to tell them of residents and visitors 24/7. This is crazy.

Crazy indeed. They may say this now. But just consider, if they were to implement this, there will come a time where you say "vehicle reg XYZ was visiting me, so cancel the charge", and they will respond "we don't believe you, we will pursue the charge." Where does that leave you and the visitor? In a whole world of hurt an hassle defending charges and court claims. That entails not only time, effort and cost, all of which can ultimately be claimed, but the stress and emotional cost, which are harder to recoup.

I think this may already have been asked: does your home insurance include legal cover? If so, you may want to check if it'll cover the costs of anything you may need to do proactively (i.e. to stop this happening in the first place), such as injunctions, or cease and desist orders. Ideally you don't want to get that far because you don't want to be having to declare such things when you come to sell up and move.

patient_dream

The problem is the landowner who clearly failed to check about the great unwashed.
UKPC doctor pictures and cannot be trusted

To give UKPC the facility of ANPR in your circumtances is no different to giving a child a gun with live ammo

You need to get your MP involved

fisherjim

To add some more facts to this anpr is banned for use in authority run car parks as it is unreliable and not fit for purpose, but unregulated private parking companies use it for their own benefit.

It is a catch em all system, cheap to administer, records (almost) every vrn movement, replaces foot patrols and associated employee costs, works 24/7 without complaint, and they will claim every time that their records are sacrosanct, the regulars on here will tell you otherwise.

This should never be allowed anywhere near this site, and UKPC who are an arrogant bunch to say the least and have quite unashamedly been caught out on numerous occasions falsifying records, cannot reasonably tell you that they are installing this system and expect you to record vehicles calling at your home.

Maybe you should tell them your fees are £100 per hour for this service!

Coupon-mad

Good point about home insurance legal cover, @The_Slithy_Tove