NCP Scamming Motorists Using Pole Mounted ANPR without Planning Permission

Good morning.

Here is an interesting case we find ourselves in.

7 months ago (April 2018) we drove into a private car park managed by NCP. Since November/January 2017/2018 NCP have been using ANPR with the new ticket machines that are connected to these pole mounted ANPR's. You drive in and the ANPR records your vehicle registration. You drive out and the ANPR records your leaving time. So far so good... BUT here is our story.

About 1 week ago we received a Claim Form for an alleged parking infringement that happend 7 months ago. The date on the claim form was delivered to us 9 fricking days later which meant we had to act quick. We owe £ 242.40

We did NOT receive any warning letters, Notice to Keeper or any other documents. Absolutely nothing. So, we cant appeal, challenge through the normal process all we can do is Acknowledge the Service giving us 28 days on service of Claim Form letter.

HOWEVER, after some probing by myself it has now been confirmed by the planning authority a few weeks ago at the Council, NCP have never applied for planning permission to have these ANPR cameras, not just in this car park but in another and are in planning breach which has led them to apply for retrospective planning.

We have been able to trace this alleged parking infringement when we drove in and waited for a space. We were there waiting for no more than 15 mins however the ANPR i assume have us not paying. We have also established from the local authority the signs do not meet the signage regulation, the fencing withing the car park was also erected without planning.

Some of the signs in the car park state, "Have you Paid and Displayed" and the answer would be yes if we had parked. However the ANPR ticket machines on the request by NCP require you to put in your registration. If the registration does not match the one for your car or you make a mistake with a number or letter then you are almost certain, NCP will apply to the DVLA to obtain your details.

We believe whilst an accredited car parking organisation can apply, we dont think NCP was reasonable when doing so, especially as NCP did not have permission to have the ANPR in the car park and then use that information to apply for information from the DVLA. We cant find any legislation that it is a "Lawful Requirement" that you enter your exact registration. NCP are offering a service for you to park, pay and display. We would always pay have and displayed if we parked.

We feel that NCP have breached the data act by obtaining keeper details unlawfully because NCP do not have planning permission to have these ANPR cameras at the said location. We believe the ticket machines, even if the signage states you may receive a penalty if you dont input your correct vehicle details to be flawed because, again there is no legislation that we can find to say it is an offence not to input this data as long as you have paid but we understand if you dont follow NCP rules you will ultimately receive a fine.

So, this appears to be a scam from a accredited operator that appears not to act within the law? Our concern is, when we have paid and displayed I have never used my registration, I have always used 0000000 and then displayed. The keypad on the ticket is very hard to see and even with my reading glasses on it is very difficult for me, so hence why i use the above. I have also been able to establish the land owner was not aware, they did not have planning etc.

Your help, questions, would be most appreciated please before I submit my defense online:)?

Lazy