Show us the whole NtK with only your personal details, VRM and PCN number redacted. We need to see it all, especially all dates and times.
What you have shown us already indicates a failure of PoFA in that there is no mention of the "period of parking" that led to the breach of contract. Additionally, there is no evidence of the vehicle either parked nor entering and/or leaving the private land.
ANPR images of the vehicle on the public highway is not evidence of it entering and leaving private land. If an ANPR camera operated by a private parking company is pointed at a public highway and records all vehicles, potentially issuing a PCN without evidence of a vehicle entering private land, several laws and regulations are breached. These include:
1. Protection of Freedoms Act 2012 (PoFA)
Under the PoFA, private parking companies must have clear evidence that a vehicle was parked on private land.
2. Surveillance Camera Code of Practice
Issued under the Protection of Freedoms Act 2012, this code sets out guidelines for the use of surveillance cameras in public spaces. Private companies using ANPR cameras must comply with these guidelines, which include ensuring that surveillance is used proportionately, transparently, and only for intended purposes. Misuse is a breach of this code.
3. The Road Traffic Regulation Act 1984
Section 33 of this Act stipulates that enforcement on public roads must be carried out by authorised bodies, such as local councils or the police. Private companies do not have the authority to enforce parking regulations or issue fines on public highways.
4. Consumer Protection from Unfair Trading Regulations 2008
Issuing a PCN without evidence of a vehicle being on private land is considered misleading and unfair. This Act prohibits unfair commercial practices, including false claims or deceptive practices.
5. Data Protection Act 2018
Besides GDPR, the UK’s Data Protection Act 2018 sets out requirements for the lawful processing of personal data. Recording data indiscriminately from public highways without a legitimate purpose or adequate safeguards breaches these regulations.
6. Human Rights Act 1998
Although more commonly cited in broader privacy cases, unauthorised surveillance and unwarranted collection of personal data may raise issues under the Human Rights Act, particularly Article 8, which protects the right to private and family life.
7. Private Security Industry Act 2001
If the ANPR system is being used in a way that might be considered surveillance of public areas, this could fall under the remit of this Act, which requires certain standards and licensing for security activities.
Key Points for Legal and Regulatory Compliance:
Evidence Collection: Any PCN issued must be based on evidence showing the vehicle was on private property.
Proper Use of Surveillance: Surveillance must be targeted, proportionate, and justified.
Authority to Enforce: Private companies cannot enforce parking on public highways.
Fair Trading Practices: Issuing unjustified PCNs can be considered unfair trading practices.
Data Protection Compliance: ANPR systems must comply with data protection laws, ensuring the legitimate processing of personal data.
