Thanks lookingforinfo I shall ask for some clarification from the camera ombudsman.

Thanks renegadeimp. So can I now make a complaint to DVLA and BPA asking for sanctions to be applied for repeatedly requesting keeper details without reasonable cause? The BPA code says 21.1 "You may use ANPR camera technology to manage and enforce parking in private car parks, as long as you do this in a reasonable, consistent and transparent manner. Your signs at the car park must tell drivers that you are using this technology and what you will use the data captured by ANPR cameras for." It's hardly consistent when sometimes they give out windscreen tickets and sometimes they don't. And there is no mention of ANPR technology being used on the signs.

Would someone give me some advice please. These tickets are continuing, all without a ticket on windscreen. Do I make a complaint to DVLA and BPA stating why they don't have reasonable cause? Is there any info available anywhere that would help me understand how they can use the timeframes for a ANPR site, when no such equipment exists on site. Does a hand held manually operated camera, with an optical number recognition app, qualify as ANPR? and are they therefore in breach of the code of practice?

OK, will do.

Thanks, that gives me some confidence to fight these [removed]. I received another last week, should I start my initial appeal to the PPC?

I agree, I don't think they are correct as well. Which is why I joined this group, as I didnt find his arguments convincing. If the PPC have repeatedly and unlawfully applied for keeper details, then a complaint to the DVLA might make them back off. To me, the law is grey, maybe the legal eagles might help me clarify it.

Well, that's what I thought, but I was put in my place, and told it was legal . I was disappointed with the response as I had appealed on the grounds that their NTK was not compliant, for not issuing a NTD when it was possible to do so, (4 photos taken manually), applied to dvla immediately using ANPR time frame. I wanted to complain to DVLA that they did not have reasonable cause.

From a group on facebook '[removed ...please read our rules - dx] '. Other motorists are being issued NTK, without a NTD and an admin came on and explained that its a manual camera, connected with an app that has number recognition software that converts it to data. This, he claimed, was ANPR also. I think its a grey area, and I'm not sure if its ever been challenged. This is the BPA code of practice definition of ANPR. "ANPR Automatic Number Plate Recognition is a technology that uses specialist cameras, software and image processing to capture vehicle registration plates and converts the registration plate images into data. Photographs are taken at the entry and exit points of a car park showing when a vehicle arrives and when it leaves" Nothing about manual cameras using this technology, and I'm not sure of the legal standing of such a definition.

I've just discovered that there is such a thing as manual ANPR. Abit of a contradiction but there you go. Apparently the enforcement officer takes a photo of the car and it is connected to an app, that reads the number plate. That,apparently qualifies as ANPR, and NTK's are issued, in my case, within 2 days. Does anyone know if this has ever been challenged?

Thank you for your help, it really is appreciated. Well my letter to them asking to cease and desist fell on deaf ears. Today I have again received another 'dodgy' NTK, no ticket on windscreen, just four manually taken photos of car parked in its usual place. It baffles me why the guy who takes the photos just doesn't attach a ticket as he is supposed to do. NTK sent within the ANPR time frame, (2 days). This is not an ANPR site and has no such equipment. I have uploaded more sign photos and site area and map and deeds stating I can park in any place marked VP on site map. signs in car park.pdf car park map 3.pdf first schedule deeds parking.pdf Trinity sign.pdf

Parking permit sign parking sign The creditor (person entitled to recover the parking charge – the PPC) must have a contractual right to recover the parking charge from the driver and must be unaware of the name and current address of that driver. 5. Either a. The driver received what the Protection of Freedoms Act 2012 calls a, ‘Notice to Driver’ (parking ticket) , at the time the vehicle was stationary in the car park, followed by the, ‘Notice to Keeper’, both of which must comply with the requirements of the Protection of Freedoms Act 2012 (see below); or b. Where a ‘Notice to Driver’ was not served because of the use of automatic number plate recognition (ANPR), then just a, ‘Notice to Keeper’ has been served on you. As I understand it, only two ways of issuing tickets, manually or ANPR. Are there other circumstances where a NTD does not have to be issued? Parking permit sign.pdf sign.pdf

I guess I'm not understanding things. I believed that the NTK was improperly issued, because previous tickets included photos of car, and a photo of a NTD (ticket) stuck to windscreen. Now they just take manual photos of car with no ticket on windscreen. If they have to issue a NTD when its possible to do so, but don't, then I don't understand how it is compliant. I have photo of the sign but the software is not letting me upload for some reason. I'll keep on trying. I believe its harassment because my deeds allow me the peaceful enjoyment of my home,including the right to park outside my house. Sending 14 NTD's together with reminders to pay up or else, threatening me with court action, is something I consider harassment, although I accept for some it isn't.

The location is Stockton,Trinity Mews TS17 6BQ I am very confident that I would win an appeal or any court case. But this is a case of harassment, 14 tickets for parking outside my own home as I have done for 17 years and so did the owner before me. My deeds give me primacy over any contract in place. I believe that they have breached PoFA rules by not issuing a NTD. This is not an ANPR site and previous tickets were issued manually. They cannot switch and change procedures to suit themselves. It would appear to me that an NTD has to be issued and, if one cannot be issued such as ANPR, then the rules and time frames apply accordingly. These people are using the rules of ANPR whilst taking manual photos and not issuing a NTD. This is where I need some help as this harassment continues even though I have pointed out to them they are in breach of POFA for the reasons stated. If we can establish that this is clearly a breach, then I can ask the DVLA to apply sanctions against the company for requesting Keeper Info without reasonable cause. They also know that my deeds have primacy over their contract and still apply each time to DVLA for keeper details in full knowledge that I have the unfettered right to park there, again this shows they do not have reasonable cause. Hopefully giving grounds for complaint and action to be taken by the DVLA, who can suspend these companies if they are not complying with the law. Maybe its a long shot but I'm sick of the harassment and if they want a fight, then I will fight back, and with your help, stop them from harassing me.

yes I've uploaded copy of two types of NTK for the same alleged contravention.

1 Date of the infringement 5.11.18 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 7 November 18 3 Date received 9th November 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? (YES) 5 Is there any photographic evidence of the event? Yes, manual photos taken of car, but no NTD (ticket) issued. Seems strange to not stick a ticket on the windscreen and still take photos of car. Note - This is not an ANPR site but the ticket has been issued as if it was. 6 Have you appealed? Yes, appealed to PPC Have you had a response? No 7 Who is the parking company ....Minster Baywatch 8. Where exactly [residential estate Stockton.) For either option, does it say which appeals body they operate under. BPA Please look at the difference to the other NTK's I have received, one acknowledges that a ticket was issued and stuck to windscreen, and these other, more dodgy ones, have no mention that a NTD was issued. NTK 7 Nov 2018 copy.pdf NTK 12 june 2018 copy.pdf