Introduction of ANPR monitoring in block of flats

Pippaki

Hello,
I would like to know if I can opt out of the ANPR scheme the Managing Agent of our block of flats is wanting to introduce. Having had issues with private parking companies in the past makes me distrustful of them. There are 70+ parking spaces but each flat is allocated one and private property according to the lease. What are my rights and how do I best approach? Many thanks.

Pippaki

The MA just stated that: The parking space is demised to the leaseholder; however your parking space is within the shared boundary and layout of the car park is shared and communal under the management of the MA therefore the clients have the right to enforce the necessary car parking control element. The ANPR system will be installed on the communal grounds of the car park (the entrance of the car park and rear area of the car park), therefore leaseholders cannot opt out, they must provide their vehicle registration in order for us to upload this information on the portal to prevent vehicles from receiving a penalty fine,

Half_way

did they say penalty fine?
is there a right you address the car parking space via the common area (ie road)?

tell them to shove it, and if your or anyone else who is legitimately using your property receives a parking charge notice then you will take legal action against the management company, for a breach if GDPR  as well as other matters arising from allowing an un unregulated parking company to operate in the access roadways

you will not  co operate with this as No penalty fines will be issued.

Pippaki

Half_way said:

did they say penalty fine?
is there a right you address the car parking space via the common area (ie road)?

tell them to shove it, and if your or anyone else who is legitimately using your property receives a parking charge notice then you will take legal action against the management company, for a breach if GDPR  as well as other matters arising from allowing an un unregulated parking company to operate in the access roadways

you will not  co operate with this as No penalty fines will be issued.

Thank you for your reply. They did say penalty a few times. I just want to get back to them and tell them that I am not interested in them monitoring my private parking space. They also state that we can only give them one car registration as we only have one parking space but don't say what happens if we have a hire car or a family member's car. They want us to give them a copy of the V5 document and a copy of our lease to prove ownership of the car parking space too. It really does not sit well with me, especially since my car was clamped in that spot 15 years ago whilst pregnant. Luckily this is no longer allowed. 

Coupon-mad

Pippaki said:

Half_way said:

did they say penalty fine?
is there a right you address the car parking space via the common area (ie road)?

tell them to shove it, and if your or anyone else who is legitimately using your property receives a parking charge notice then you will take legal action against the management company, for a breach if GDPR  as well as other matters arising from allowing an un unregulated parking company to operate in the access roadways

you will not  co operate with this as No penalty fines will be issued.

Thank you for your reply. They did say penalty a few times. I just want to get back to them and tell them that I am not interested in them monitoring my private parking space.

They also state that we can only give them one car registration as we only have one parking space but don't say what happens if we have a hire car or a family member's car. They want us to give them a copy of the V5 document and a copy of our lease to prove ownership of the car parking space too. It really does not sit well with me. 

This is completely unacceptable. What does your landlord think (the leaseholder)?  You need to rally interest with neighbours as well, and refuse to accept it, like this (read the whole thread, it has a letter to use):

https://forums.moneysavingexpert.com/discussion/5997200/pcm-company-introduced

Do it now. As a community.  Call a meeting.

You need this ex-clamper bunch of thugs removed immediately. That thread explains the L&T Act requirements for changes that effectively interfere with leases.

KICK UP A MAJOR FUSS THIS WEEK.

Get angry.

Do they have planning permission for an ANPR camera on a pole?  If it is on a pole it requires Local Authority Planning consent.

Pippaki

Coupon-mad said:

Pippaki said:

Half_way said:

did they say penalty fine?
is there a right you address the car parking space via the common area (ie road)?

tell them to shove it, and if your or anyone else who is legitimately using your property receives a parking charge notice then you will take legal action against the management company, for a breach if GDPR  as well as other matters arising from allowing an un unregulated parking company to operate in the access roadways

you will not  co operate with this as No penalty fines will be issued.

Thank you for your reply. They did say penalty a few times. I just want to get back to them and tell them that I am not interested in them monitoring my private parking space.

They also state that we can only give them one car registration as we only have one parking space but don't say what happens if we have a hire car or a family member's car. They want us to give them a copy of the V5 document and a copy of our lease to prove ownership of the car parking space too. It really does not sit well with me. 

This is completely unacceptable. What does your landlord think (the leaseholder)?  You need to rally interest with neighbours as well, and refuse to accept it, like this (read the whole thread, it has a letter to use):

https://forums.moneysavingexpert.com/discussion/5997200/pcm-company-introduced

Do it now. As a community.  Call a meeting.

You need this ex-clamper bunch of thugs removed immediately. That thread explains the L&T Act requirements for changes that effectively interfere with leases.

KICK UP A MAJOR FUSS THIS WEEK.

Get angry.

Do they have planning permission for an ANPR camera on a pole?  If it is on a pole it requires Local Authority Planning consent.

I am upset about this. I have drafted a letter I intend to send back to the Managing Agent. I do not think they will install poles for the cameras, they will use the building instead. Do you think this will be ok?

Thank you for your email regarding the upcoming ANPR parking system installation at xxx. I understand the system will be used on the communal areas of the car park for enforcement purposes.

While I appreciate the desire for a well-managed car park, I must reiterate that my parking space is demised to me under my lease agreement. This means I have exclusive rights to use that space, and as such, the ANPR system wouldn't be applicable to it.

Furthermore, it's important to clarify a few key points:

• Private parking companies cannot impose fines. They can only enforce parking restrictions and issue invoices, not fines.
• The lease agreement takes precedence. The terms of my lease, specifically the right to "quiet enjoyment" of my parking space, cannot be unilaterally altered by additional conditions imposed by the management company.
• Transparency and Consent are Crucial. I reserve the right to withdraw consent for any parking management scheme operating on my demised parking space.

Therefore, I kindly decline to register my vehicle details for the ANPR system. My lease grants me the right to park my vehicle in my designated space without the need for additional permits or registration.

To ensure complete transparency, I would appreciate it if you could provide the following:

• A full, unredacted copy of any agreements between Fitzroy Court (WG) RTM company limited and the parking company, demonstrating their lawful authority to operate on the land (with traceability back to the landowner).
• Confirmation that the ANPR system will not be used to enforce parking restrictions within my demised parking space.

 

Coupon-mad

Far too polite.  The start almost acquiesces to the scam scheme.

The points you make there are not strong.

Have you been living here 20 years or more? You have an easement by prescription if so.

It is completely unacceptable to be limited to one car.

It is completely unacceptable to be filmed by a camera arriving and leaving your own home. No residential site uses ANPR, it isn't suitable.

It is completely unacceptable interference with your lease.

Did you read the thread I showed you, with the letter that worked?

pustit

Ask the MA exactly what they expect the camera will do, on the day, if all spaces are taken when you arrive in your car. Where can you park in the meantime. Will the camera sift out the non registered, imposter vehicles to make space for you etc etc  
Ask them if they had considered the cameras are only there to make money and not actually manage the spaces.etc etc

Pippaki

Coupon-mad said:

Far too polite.  The start almost acquiesces to the scam scheme.

The points you make there are not strong.

Have you been living here 20 years or more? You have an easement by prescription if so.

It is completely unacceptable to be limited to one car.

It is completely unacceptable to be filmed by a camera arriving and leaving your own home. No residential site uses ANPR, it isn't suitable.

It is completely unacceptable interference with your lease.

Did you read the thread I showed you, with the letter that worked?

I have read the thread. Thank you for that. I will try to word it stronger. I have owned the property for 19 years. I don't think I can complain about being filmed entering and leaving the property as CCTV is already in place anyway? I'll post once amended. Thanks for your help.

Coupon-mad

You can also ask to see the Risk Assessment required by the Surveillance Camera Code of Practice (because surveillance by camera must be a last resort) and the rationale as to why parking management 'on foot' is not being considered?

Pippaki

pustit said:

Ask the MA exactly what they expect the camera will do, on the day, if all spaces are taken when you arrive in your car. Where can you park in the meantime. Will the camera sift out the non registered, imposter vehicles to make space for you etc etc  
Ask them if they had considered the cameras are only there to make money and not actually manage the spaces.etc etc

Good point. By asking us for a copy of the V5 to proof we are owners, and a copy of the leasehold proving ownership of the parking space I presume they were hoping to operate a "whitelist"?