PCN Defence Query

r1rd

First of all a thanks for the great work the many forums members put in to help others and especially to @Coupon-mad & @Umkomaas for your explanations and guidance you have provided.  

A quick question around possible defences, as while researching this subject I have not seen the defence below mentioned before and wanted to know if there is a reason why it would not be valid?

It seems to me that where ANPR cameras are used for enforcing maximum free parking limits, they appear to have been implemented as a closed loop system, so that only the PPC have access to the vehicles entry and exit times. As these are used to calculate and evidence overstay contraventions this seems fundamentally flawed. By using a closed loop rather than an open loop system whereby vehicle number plate and entry times are listed in the car park, either by a monitor or electronic board, they deny anyone entering into the parking contract access to the entry time which is fundamental in order to comply with the contract terms and conditions. I.e. by working out what time you need to exit in order to avoid an overstay contravention. 

When using the earlier systems, such as car park ticketing, the entry and exit times are printed on the ticket so you can comply with the contract. WIthout being notified of a vehicles entry time it seems to makes parking contract compliance purely a lottery?

Thanks again for any comments or insights.

 

fisherjim

ANPR for controlling car parking is not fit for purpose full stop, that is why it is banned for that use in authority run car parks. One LA in High Wycombe got into trouble when they converted all their car parks in the town and surrounding areas to ANPR.

It became a free for all with a big loss to them (or the council tax payer) when they were forced to remove all the equipment and go back to basics.

For some unknown reason the unregulated private parking industry seem to get away with it, even though the BPA themselves admitted on camera it was unreliable.

Fruitcake

The motorist is responsible for adhering to parking Ts and Cs, so they should make a note of the time they park and the time the parking period ends amongst other things.

ANPR however does not record parking time, only time on site, which is one of the reasons why it is not fit for purpose. 

The parking industry is currently unregulated, so they use whatever method generates the most income for them. 

Despite the fact the UK Government prohibits the use of ANPR scameras in council and local authority car parks, they seem happy to let parking companies use them, and will allow PPCs to continue using ANPR systems when the new mandatory government CoP is introduced.

Coupon-mad

In a free car park with ANPR you'd struggle with that argument, because the Supreme Court had no issues with it in ParkingEye v Beavis (a 2 hours free retail park).