Introduction of ANPR monitoring in block of flats

Coupon-mad

Yes but it is unworkable and intrusive, and the scheme is an interference with your rights and easements.

You must get together with other residents & stamp on this immediately - before it starts.

Pippaki

Coupon-mad said:

Yes but it is unworkable and intrusive, and the scheme is an interference with your rights and easements.

You must get together with other residents & stamp on this immediately - before it starts.

This will be tricky, there are over 70 flats. The MA was employed by the RTM, i.e. is run by leaseholders (4 directors). Most leaseholders rent their property out so don't live there. I have reworded the proposed email. Is this better? 

I am writing to express my strong opposition to the proposed ANPR parking system installation at xxx, particularly as it pertains to my demised parking space.

My lease agreement grants me exclusive rights to my designated parking space. The ANPR system, designed for enforcement purposes, is entirely unnecessary for spaces with clear ownership.

Furthermore, there are significant legal and procedural concerns that require clarification:

1. Private Parking Companies Cannot Impose Fines. They are limited to enforcing parking restrictions and issuing invoices, not imposing fines.
2. Lease Agreement Takes Precedence. The terms of my lease, including the right to "quiet enjoyment" of my parking space, cannot be unilaterally altered by additional conditions imposed by the management company.
3. Transparency and Consent are Essential. I reserve the right to withdraw consent for any parking management scheme that infringes upon my demised parking space.
4. Surveillance Requirements Not Met. The implementation of a camera-based system like ANPR necessitates a thorough Risk Assessment as mandated by the Surveillance Camera Code of Practice. This assessment must demonstrate that less intrusive methods, such as on-foot patrols, have been demonstrably insufficient.  

Therefore, I categorically refuse to register my vehicle details for the ANPR system. My lease grants me the unrestricted right to park my vehicle in my designated space, and I will not comply with any attempt to impose additional permits or registration requirements.

To ensure full transparency, I request the following documents:

• A complete, unredacted copy of any agreements between xxx 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.
• A copy of the Risk Assessment conducted in accordance with the Surveillance Camera Code of Practice, justifying the use of ANPR as opposed to less intrusive methods.

I am prepared to take further action if these concerns are not adequately addressed.

Coupon-mad

You didn't answer as to whether you've lived there 20 years? Please review the replies you are getting more slowly. Do not send that email.

It's REALLY IMPORTANT this is stopped now, and single emails from you won't work.

It's not tricky to get 70 residents interested, especially if you've lived there years. This is down to you to drum up interest.

First step should be leaflet through their door suggesting a whatsapp group and an urgent meeting because the proposals are utterly horrendous.  The idea of cameras and permits for one car interferes with rights and easements, prevents ANY other cars from entering (deliveries? Taxis? Workmen? Family? Change of car? Courtesy cars?) and the scheme breaches the Surveillance Camera Code of Practice and is highly intrusive.

The estate will become a no-go zone for taxis and delivery drivers. What about cleaners? What about visiting doctors or nurses or daily carers, if some residents are elderly?  Community midwives, etc?

Your estate will be blighted and ALL your visitors will stay away. 

Coupon-mad

We have a recent thread where someone is about to sue a Managing Agent and RTM group.

Pippaki

Coupon-mad said:

You didn't answer as to whether you've lived there 20 years? Please review the replies you are getting more slowly. Do not send that email.

It's REALLY IMPORTANT this is stopped now, and single emails from you won't work.

It's not tricky to get 70 residents interested, especially if you've lived there years. This is down to you to drum up interest.

First step should be leaflet through their door suggesting a whatsapp group and an urgent meeting because the proposals are utterly horrendous.  The idea of cameras and permits for one car interferes with rights and easements, prevents ANY other cars from entering (deliveries? Taxis? Workmen? Family? Change of car? Courtesy cars?) and the scheme breaches the Surveillance Camera Code of Practice and is highly intrusive.

The estate will become a no-go zone for taxis and delivery drivers. What about cleaners? What about visiting doctors or nurses or daily carers, if some residents are elderly?  Community midwives, etc?

Your estate will be blighted and ALL your visitors will stay away. 

Apologies, it will be 19 years on July 5th that I own the flat but do not live there anymore. I will include your very valid points as well. I know of one other leaseholder who is not happy and am talking to him. He said though that he will submit his two car registration details to see what happens. The letter states that emergency services will be exempt. They are planning to install the cameras and signs on 12 July. 

Coupon-mad

Emergency services does not include:

GPs on call
Nurses
Midwives
Carers
Family
Friends
Visitors
Tradespersons like plumbers at your property
Cleaners
Taxi drivers
Couriers like Amazon, Evri, etc.
Royal Mail
Takeaway deliveries
Any courtesy car you might use
A new car when you change it.

Do NOT agree or go along with it. This is ABSOLUTELY the wrong thing to do:

"He said though that he will submit his two car registration details to see what happens."

No. A flat NO. As you are leasehold owners why don't you and him just use the PCM letter I showed you?

You MUST stop them this week.

Pippaki

I have incorporated the letter from the other forum entry trying to incorporate their points as well where it was relevant:

I am writing to express my strongest opposition to the proposed ANPR parking system installation at xxxxx, particularly as it pertains to my demised parking space.

Unilateral Action and Lack of Consultation

I find the proposed scheme deeply concerning. I was not consulted about the introduction of an ANPR parking management system, nor did the majority of residents express a need for one.

This unilateral action, especially without proper consensus, is unacceptable. You are reminded that as the Managing Agent, you cannot impose changes to fundamental amenities like parking without consulting residents, nor can you introduce "parking charges" not covered within the leases.

Therefore, I categorically refuse to register my vehicle details for the ANPR system. My lease grants me the unrestricted right to park my vehicle in my designated space, and I will not comply with any attempt to impose additional permits or registration requirements.

Demised Parking Space and Lease Rights

My lease agreement grants me exclusive rights to my designated parking space. The ANPR system, designed for enforcement purposes, is entirely unnecessary for spaces with clear ownership. Furthermore, your actions constitute a potential derogation from grant and a breach of the Landlord and Tenant Act 1987. You cannot alter the terms of my lease by imposing additional conditions.

GDPR and Personal Data

The use of ANPR raises significant concerns regarding compliance with the General Data Protection Regulation (GDPR). The management company, as the data controller, is jointly liable with the parking company for any data breaches resulting from the access, processing, and storage of registered keeper data. Additionally, GDPR includes personal liability clauses, meaning individuals within the management company who authorised the use of ANPR could face personal prosecution in the event of a data breach.

Surveillance Requirements Not Met

The implementation of a camera-based system like ANPR necessitates a thorough Risk Assessment as mandated by the Surveillance Camera Code of Practice. This assessment must demonstrate that less intrusive methods, such as on-foot patrols, have been demonstrably insufficient.  

Transparency and Consent are Essential

I reserve the right to withdraw consent for any parking management scheme that infringes upon my demised parking space.

Request for Documentation

To ensure full transparency, I request the following documents:

• Confirmation that the ANPR system will not be used to enforce parking restrictions within my demised parking space.
• A complete, unredacted copy of any agreements between xxxxx RTM company limited and the parking company, demonstrating their lawful authority to operate on the land (with traceability back to the landowner).
• A copy of the Risk Assessment conducted in accordance with the Surveillance Camera Code of Practice, justifying the use of ANPR as opposed to less intrusive methods.
• Any documentation outlining the measures taken to ensure compliance with GDPR regulations regarding the collection and storage of personal data.

I am prepared to take further action if these concerns are not adequately addressed.

Coupon-mad

Much much better!

You could add that you are in touch with other angry leaseholders and if necessary will consider an emergency injunction ( ref UKPC v Roger Davey) and/or litigation against the landowner, MA and/or the RTM.

You could ask which of those three signed the unwanted contract with the rogue parking industry member and that you want to view a full copy of whatever they signed, which interferes with rights and easements currently enjoyed by residents.

Pippaki

Had the following response back from MA:

xxxx MA did not make the decision to introduce the system, the decision was agreed by the directors of the Management company xxx RTM Company limited.  We as the managing agents are communicating the changes to leaseholders based on the instructions received.

The directors are put in place to make decisions such as parking on behalf of the management company which additionally was agreed by the freeholder as they were additionally informed.

I will forward your email to the directors for their review.

Lets see what the directors get back with.

Le_Kirk

Did you ask and receive the date WHEN not IF a ballot of relevant tenants/leaseholders/freeholders was conducted and what was the outcome?  It requires a majority of 75% and no more than 10% disagreeing.