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Identification of driver with CCTV/ANPR camera footage allowed?
Comments
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cyru said:So EVEN IF the Parking Firm knows the Driver and Reg Keeper are both the same person because they can see in crystal clear footage Sir Lewis Hamilton/Boris Johnson/Any Other Famous Person parking without a ticket, they can't bring a claim against them unless they can use POFA to go after them as the Reg Keeper OR the Reg Keeper is stupid enough to admit to them that they were driving?!
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If the Privacy Policy stipulates that images of the driver will be used as evidence, then yes, they can use them to assist an argument that the Keeper was the driver 'on the balance of probabilities'.
There have been cases where the defence has been that the driver could have been one of two people listed on the insurance, with 1 female and 1 male. If the Keeper is male and the driver in the image is male, it is highly probable that the driver was the keeper.
Operators have access to social media the same as everyone else, there is no reason why they can't review the image of a Keeper and compare it with the ANPR/CCTV image when required as decide how they wish to proceed.
The old driver v keeper tussle between operators and recipients of Parking Charges is usually dealt with at POPLA/IAS stage. POFA offers a legally flawed loophole for non-POFA cases and the IAS applies UK law.
When/if the matter gets to court, the Judge will apply UK law; therefore, if you are sat there in chambers and there is an image of you driving the car in the claimants' bundle; you will risk a charge of purgery if you say it's not you.
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"I received a (Parking Charge) Notice To Keeper that doesn't comply with POFA 2012 ...."
Which parking company issued the NtK?.1 -
Perhaps NCP or their associated company S & K Car park Management - hopefully find out the ppc when the OP answers my previous post.3
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