bpa approved operator scheme good practice guide for members carrying out parking

BPA Approved Operator Scheme Good Practice Guide for members carrying out Parking Management on private land

BRiTiSH PARkiNg ASSociATioN good PRAcTice guide

British Parking Association Code of Practice British Parking Association Code of Practice British Parking Association Code of Practice British Parking Association Code of Practice British Parking Association Code of Practice British Parking Association Code of Practice British Parking Association Code of Practice British Parking Association Code of Practice British Parking Association Code of Practice

geNeRAl coNdiTioNS

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1 IntrOductIOn ............................................................................................................................................................... 4

1.1 Why is this guide needed?.................................................................................................................................... 4

1.2 Relationship between this guide and the BPA code of Practice ........................................ 4

1.3 BPA exemption from liability statement .................................................................................................... 4

2 cOntrAct LAw AS It APPLIeS tO A PArkInG SItuAtIOn ............................................................................................................................ 5

2.1 establishing your contracts.................................................................................................................................... 5

2.1.1 What is a contract? ...................................................................................................................................................... 5

2.1.2 elements of a contract:

i offer and acceptance ................................................................................................................................................. 5

ii consideration ................................................................................................................................................................... 5

iii Terms ........................................................................................................................................................................................ 5

2.2 Your operating contract with the landlord ............................................................................................. 5

2.3 Your contract with the driver ............................................................................................................................. 6

3 treSPASS ..................................................................................................................................................................................... 7

4 GuIdAnce On PrOvIdInG PArkInG fAcILItIeS fOr dISABLed PeOPLe ......................................................................................................................................... 8

4.1 introduction ........................................................................................................................................................................ 8

4.2 obligations on public bodies ............................................................................................................................... 8

4.3 Summary ................................................................................................................................................................................ 9

5 deALInG wIth ABAndOned vehIcLeS ............................................................................ 10

5.1 introduction ..................................................................................................................................................................... 10

5.2 checking that a vehicle has been abandoned .................................................................................... 10

6 IdentIfyInG the drIver where the reGIStered keePer cLAImS they were nOt drIvInG the vehIcLe ................... 11

7 PrOtectInG vuLnerABLe drIverS when cArryInG Out ImmOBILISAtIOn Or remOvAL ........................................................................................ 12

7.1 introduction ..................................................................................................................................................................... 12

7.2 Who are ‘vulnerable’ drivers? ............................................................................................................................12

7.3 Who are members of the vulnerable drivers group? .................................................................. 12

7.4 Who can become vulnerable because of external circumstances?...................................12

7.5 What priority actions should drivers take to remove or reduce danger or distress to a vulnerable driver? ............................................................................................................... 12

7.6 Risk assessment checklist .................................................................................................................................... 12

coNTeNTS oF THe guide


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8 APPrOPrIAte uSe Of AnPr .................................................................................................................... 14

8.1 introduction ..................................................................................................................................................................... 14

8.2 ANPR and data protection ................................................................................................................................. 14

8.3 Assessing the impact of ANPR on your parking operation ................................................... 14

8.4 Administering your ANPR system ............................................................................................................... 14

8.5 disclosure of ANPR data ..................................................................................................................................... 16

8.6 Retention of ccTV/ANPR images .............................................................................................................. 16

8.7 other operator responsibilities ..................................................................................................................... 16

8.7.1 informing people about your ccTV/ANPR system .................................................................... 16

8.7.2 Subject access requests ......................................................................................................................................... 16

8.7.3 Security industry Authority licensing ....................................................................................................... 16

9. SIGnS And nOtIceS .............................................................................................................................................. 17

9.1 Signs ........................................................................................................................................................................................ 17

9.2 Notices and other communications with drivers........................................................................... 17

9.3 Model wording – Notice to owner letter ........................................................................................... 18

10. GLOSSAry................................................................................................................................................................................. 19



1.1 Why is this guide needed?

Ourmemberswillbefamiliarwiththedifficultiesexperienced by Private landlords (in this guide the term landlord will include tenants of the private land in question), or by the members themselves when acting on behalf of private landlords, in relation to non-compliance by drivers with the rules which apply to any particular car park.

From time to time, drivers will park without permission, fail to pay for parking or park for longer time than has been paid for, or park in some other ‘unauthorised’ way. However, unlike on-street parking enforcement by public authorities, private land owners have fewer powers and lack the statutory enforcement regime to encourage compliance with their rules.

This guide, along with its sister document The AOS Operators’ Legislation Guide provides practical advice to members to improve the effectiveness of the management of ‘unauthorised parking’ of vehicles on private land.

1.2 Relationship between this guide & the BPA code of Practice

Members of the BPA that are involved in vehicle clamping or removal, or the issue of parking tickets on private land must become Approved Operators and comply with the Approved Operator Scheme Code of Practice. The Code sets out minimum standards and the BPA has a regime in place to monitor compliance. It is a ‘living document’ and with continued input from within and outside of the membership will be continually updated andrevisedtoreflecttheeverchangingfaceoftheprivate parking sector.

The AOS Operators’ Good Practice Guide and The AOS Operators’ Legislation Guide are intended as practical handbooks that set out a methodology to be used on a day-to-day basis by operators, when setting up or reviewing the parking management schemes under their control. They are reference works, and are complementary to the objectives and usage of the Code. They will not be used to enforce the AOS Scheme of Sanctions.

1.3 BPA exemption from liability statement

In drawing up these guides, the BPA has endeavoured to act with reasonable care and skill in their preparation. However the BPA excludes all liability for any loss sustained by members or third parties as result of them complying with these guides. Whilst members are recommended to refer to the guides as an aid to

compliance, they do not constitute legal advice and should not be considered as a replacement for members adhering to relevant legislation. Members should familiarise themselves with all appropriate legal provisions, take appropriate legal advice from their solicitors and ensure that they comply with the law.

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2.1 establishing your contracts

In managing parking schemes on private land, operators are generally acting within the parameters of two separatecontracts–firstlyacontractwithalandlordtomanage and operate the parking scheme on their behalf and secondly, a contract with a motorist to provide facilities to park in a car park. These two contracts set out the authority for an operator to act in any particular way, so it is important that each contract is clear and legal.

The essential elements of contract law will be covered in the Legislation Guide; we have set out here some basic contractual principles, which operators should note.

We strongly recommend that you try to establish parking contracts with drivers by using signs and notices, setting out the terms on which you will offer and the drivers will accept parking services, as part of your day-to-day operations. This is because having clear contractual terms in place will give the driver, you, and the landlord on whose behalf you may be acting, the greatest degree of certainty about the relationship that is being created when the driver parks on private land. This certainty will lead to:

• betterrelationswithdrivers• speedierresolutionofdisputes and • anoverallimprovementintherelationshipsbetween

all parties in dealing with that scarce and valuable resource – a private parking space.

2.1.1 What is a contract?

A contract is a legally binding agreement between two or more parties. Contracts do not need to be written down: they can be made by the spoken word, in writing or by a combination of both.

Generally, only the parties to a contract can enforce it. So in a parking management contract you may need to:

• establishthatyouareauthorisedtoenterintocontracts for parking

and • demonstratethatthemotoristhasmadeanagreement

with you rather than, for example, with some other organisation or individual (such as the landlord).

A contract must contain certain key elements.

2.1.2 elements of a contract:

i) Offer and acceptance This element is about one party (the ‘offeror’) making

aclearanddefiniteoffertoenterintoanagreement

with the other party (the ‘offeree’). When the offer is unconditionally accepted by the offeree a contract is formed at that moment. Up until the point of acceptance there is no contract. See below for examples of offer and acceptance in a parking context.

ii) Consideration In any contract, there must be ‘consideration’ – something

givenupbyeachpartyinexchangeforthebenefittheyreceive. The law of contract recognises the concept of a ‘bargain’ within the agreement. Transactions where only one side gives consideration are not contracts – for example, giving a gift does not create a contract. The recipient of the gift gives no consideration for it.

Commonly, in a contract, one party receives goods or services in exchange for payment to the other party. In such a case, the consideration by one party is the handing over of the money, and by the other party the handing over of the goods or the carrying out of the services. This can clearly be applied to many parking situations when the driver pays for the right to park for a given period.

iii) Terms A contract may impose binding legal obligations on both

parties and these obligations, together with any obligations imposed by legislation, or the law as interpreted by the courts,definetheextentoftheirrespectiveduties.Theseobligations are often set out in writing in the contract, or are spoken, or may be a mix of spoken and written terms. The contract terms for parking services will usually be written on signs that drivers can see before they accept the offer of parking services and enter into the contract.

Some terms, whether as a result of legislation or decisions of the courts, will be ‘implied’ by the circumstances. So although they are not written on signs they will still be part of the legal agreement. Legislation that can affect the parking contract is discussed in the Legislation Guide.

2.2 Your operating contract with the landlord

Operators offering parking services on private land do so on the basis that they have a right derived from the freehold owner of the land or the lease holder to do this. These rights will arise from any of the following circumstances:

Scenario 1: The operator owns the land himself outright as the freeholder, or has taken a lease of the car park and as a tenant is occupying the land and therefore effectively has similar rights of ownership as the freehold owner.

Scenario 2: The operator has a management service contract with the client landlord. The contract may require the operator to provide various services on the land including cleaning, security, and maintenance

SecTioN 2 – coNTRAcT lAW, AS iT APPlieS To A PARkiNg SiTuATioN


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of the lighting and management of the vehicles parked in the car park. In such a contract the operator will usually invoice his client for his services and any income received (for example, from parking services) will belong to the landlord.

Scenario 3: The operator has an agreement with the landlord in which the landlord assigns the full rights to operate the car park to the car park operator. In this case the operator will be contracting directly with the drivers on his own behalf. He will be acting as the principal in the contract. The relationship between the landlord and the operator may vary in this scenario, from the landlord purely paying a premium for the operators’ services, by paying a fee for the erection of signage, or by sharing a portion of the income with the operator, for example.

You need to make sure that you know which of the above situations you will be in when setting up a parking management contract with a landlord. The general rule is that the principal and not the agent can take steps to enforce a contract. If you have been granted full parking management rights you also need to make sure that:

• thepropertyisclearlydefined(preferablyonamap) and • thelandlordwithwhomyouarecontractinghas

‘possession’ of the land.

For example, the landlord may have granted tenancies to one or more retail operators. If so, you need to make sure that the parking rights have not been transferred to the tenants as part of their leases. If these rights had been transferred to the tenants, then they would be ‘in possession’ and would be the only parties able to grant you the parking rights. In law, the landlord would have already ‘assigned’ those rights to the tenants in possession of the land or property and would no longer be able to assign them again to you.

2.3 Your contract with the driver

The most important contract for operators to focus on is the contract that they wish to establish with the driver ; you are urged to pay particular attention to this issue. It must be emphasised that it is the driver, as the driver of the vehicle making a decision to use a particular parking facility, who is the contracting party. For that reason, debt recovery action should only be taken against the driver. There may be circumstances where a driver is able to establish that someone else was the contracting party, but these circumstances will be rare. The fact that a person is the registered keeper of a vehicle is not by itself a basis for attempting to impose contractual liability for parking charges or otherwise taking debt recovery action.

For this reason, when pursuing outstanding charges, notices that are sent to the registered keeper should make clear the date and time of the incident and should not implicate the keeper in any way. It can be argued that a registered keeper who maintains he or she was not the driver in question should be able to identify the driver at the time of the incident, and we believe that a court would take a very dim view of a registered keeper refusing to identify the driver. This is explored further in the Legislation Guide.

Whilst the majority of parking on private land can be enforced under the formation and breaking of contractual terms, there are certain scenarios where this would not apply, particularly in cases where the motorist has not been invited to park on the land. In this case, there has been no “offer” or “acceptance” and indeed the landowner/operator and motorist do not intend to enter into a contract with one another. For those reasons, no contractual liability can be imposed on a motorist in this situation. However, the motorist is a trespasser and would be committing the Tort of Trespass. Depending on the circumstances, the trespass may also be a separate criminal offence subject to prosecution by the authorities.

Althoughthedefinitionoftrespassingcanvaryfromacivil to a criminal offence depending on the where and how the act of trespassing takes place, the basic concept in relation to land and property remains the same. Trespassing is, simply, an unlawful act committed against the property of another person. This includes intruding on another person’s land or property when you do not have permission to do so.

The owner or person in possession of the land may seek damages from the trespasser to compensate it for the harm suffered as a result of the trespass. In practice, the damages sought in these situations would be along the same lines as recovery of costs for the breach of a contract – the reasonable costs of security and enforcement on that site.

The Tort of Trespass is considered in greater detail in the

Legal Guide.

SecTioN 3 – TReSPASS


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4.1 introduction Therearenospecificrequirementstoprovidedisabled

parking in private car parks. However, the Equality Act 2010 imposes obligations of a general nature on service providers which parking operators must be aware of.

It is unlawful for service providers (which includes

operators) to treat disabled people less favourably than others for reasons relating to their disability, unless suchtreatmentcanbejustified.Inmostcircumstances,service providers must make reasonable adjustments to remove any barriers - physical or otherwise - that could makeitdifficultorimpossiblefordisabledcustomersto use their services. Service providers do not have to make adjustments to make their services more accessible to disabled people if this will lead to a breach of any other legal obligation that may apply to them. However, these will be exceptional circumstances that apply only where the other legal obligations are very specificandleavetheserviceprovidernochoicebuttoact in a certain way.

Most services are covered by the Equality Act. Anyone who provides a service to the public or section of the public is a service provider. There are a few exceptions: private clubs that have a meaningful selection process for members; transport, but only the transport vehicle, not everything else connected with it such as stations, airports and booking facilities; and education.

The service doesn’t have to be impossible to use before the provider has to make changes. They also have to makechangeswhenit’sunreasonablydifficulttousethe service. They should think about whether any inconvenience, effort, discomfort or loss of dignity a disabled person experiences in using the service would be considered unreasonable by other people if they had toenduresimilardifficulties.

Some of the factors that service providers may have to take into account when considering adjustments include:

• whethertakingparticularstepswouldovercomethedifficultythatthedisabledpersonfacesinaccessingthe service

• Howpracticableitistotakethesesteps• Thefinancialandothercostsinvolved• Howdisruptiveitwouldbe• Howmuchmoneyandotherresourcestheyhave

available• Howmuchtheyhavealreadyspent• Whatfinancialhelpisavailabletothem

Onceaserviceproviderhasidentifiedthephysical

featuresthatmaymakeitdifficultforthedisabledtousetheir service then the law gives them a choice. They can removethefeature,alterittofindawayofavoidingitorprovide the service in another way.

4.2 obligations on public bodies

Public service providers have a duty to ensure that everyone has equal access to their services regardless of disability, race, gender, belief religion or sexual orientation. It also applies to anyone providing services on behalf of a public authority because that service has been contracted out.

Example: A hospital dedicates parking spaces close to its entrance doors for use only by people who use wheelchairs or those with other mobility issues. Non-disabled people and disabled people without mobility issues might also want a parking space. The extra distance they must walk may be an inconvenience. However, people with mobility issues face a degree of disadvantage compared to others if they do not have dedicated parking. They may be unable to work for the authority or access the service without the more favourable treatment of dedicated parking facilities.

The disability equality duty was introduced into legislation in the Disability Discrimination Act amended in 2005, and superseded by the Equality Act in 2010. It means the public bodies must have due regard to the need:

• Topromoteequalityofopportunitybetweendisabled persons and other persons.

• Toeliminatediscriminationthatisunlawfulunder the act

• Toeliminateharassmentofdisabledpersons,thatisrelated to their disabilities.

• Topromotepositiveattitudestowardsdisabledpersons.

• Toencourageparticipationbydisabledpersonsinpublic life, and

• Totakestepstotakeaccountofthedisabledperson’s disabilities even where that involves treating disabled persons more favourably than other persons (for example, the provision of an accessible parking bay near a building where parking is not available for other visitors or employees).

example a) A hospital which charges for parking, may decide that

disabled service users are not required to pay as they mayhavedifficultiesinaccessingpublictransport,whichother service users may have easy access to. The hospital also recognizes that the dedicated disabled parking bays have controlled access to eliminate abuse of this parking by non-disabled people. More favourable treatment is

SecTioN 4 – guidANce oN PRoVidiNg PARkiNg FAciliTieS FoR diSABled PeoPle

necessary in this case to provide equality of access to health care at the site.

Note the Act does not prohibit or restrict positive discrimination in favour of disabled people. This is because the disability discrimination act only protects disabled people against discrimination, and not those who are not disabled.

example b) A disabled student needs a dedicated car parking space

because he is unable to use public transport. Nondisabled users also want parking spaces, but they will not suffer the same degree of disadvantage if they do not get one. The disabled student will be unable to attend the course if he does not have the space whilst the nondisabled student will merely be inconvenienced. More favourable treatment is necessary in this instance to provide equality of access to the course.

4.3 Summary

The Equality Act means disabled people have rights when accessing goods and services. Under the act, service providers cannot treat a disabled person less favourably than someone else. In addition, service providers must make reasonable adjustments to ensure a disabled person can use the service.

Being able to park is a key part of accessing services for many disabled people. If you provide the services, you must provide well-designed, accessible parking for the use of disabled people.

Providing the parking is not enough. You also have an obligation to ensure that the spaces are free to be used by disabled people and not abused by others. If you do not take steps to prevent abuse, you may be challenged under the Equality Act for not taking reasonable steps to enable disabled people to use your service.


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SecTioN 5 – deAliNg WiTH ABANdoNed VeHicleS

5.1 introduction

Operators who discover vehicles which they believe have been abandoned on private land which they are managing need to be aware of how to deal with the situation.

There is legislation that covers the disposal of abandoned vehicles (The Refuse Disposal (Amenity) Act 1978), which is covered in the Legislation Guide.

5.2 checking that a vehicle has been abandoned Local councils have the primary responsibility for the

removal of abandoned vehicles, whether on private land or on the public highway. Government advice is that there are a number of things that you can do to check if vehicle has been abandoned before you contact the local council:

• Areanyofthetyresflatorhaveanyofthewheelsbeen removed?

• Istherelitteroralotofleavesunderthevehicle? This may mean that it hasn’t moved for some time.

• Isthewindscreenoranyofthewindowsbroken?• Doesthevehiclehavenumberplates?• Doesthevehiclecontainitemsofwasteliketyres,old

newspapers or general rubbish?• Haveanypartslikethebumperorseatsorradio

been removed or damaged?• Isthereanygraffitionthevehicle?• Arethereotherwireshangingfromthedashboard

because the vehicle has been hotwired (driven without keys by connecting ignition wires together)?

• Youshouldalsocheckifthereisataxdisconthevehicle and whether it is possibly expiry date. If possible, check with your neighbours or with local businesses to see if anyone knows anything about the ownership of the vehicle.

You can report an abandoned vehicle to your local council using the direct.gov.uk website

More advice on dealing with abandoned vehicles can be found on the Keep Britain Tidy website.


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SecTioN 6 – ideNTiFYiNg THe dRiVeR WHeRe THe RegiSTeRed keePeR clAiMS THeY WeRe NoT dRiViNg THe VeHicle

The BPA believes that there are certain obligations on the registered keeper to reveal the identity of the driver ; if the registered keeper contests that he was in fact, driving the vehicle. However because there is no specificlegislationforparkingonprivateland,therearedifferences of legal opinion about whether a vehicle keeper is required to supply information about who was actually the driver.

There is an argument to say that any electronic documents held by a third party (for example the records of who the authorised drivers are for a company vehiclefleet,heldbytheregisteredkeeper)shouldbeordered to be disclosed by a court prior to proceedings being issued. Alternatively the operator may be able to apply to the court to obtain information from the registered keeper where the keeper has become involved in the wrongdoing by others. For example where the plaintiff (here the parking operator) has been injured in some way by the act of the driver then an innocent third party (the keeper) may be required to assist the plaintiff by identifying the wrongdoer.

This is an area where the operator should be wary, and shouldobtainspecificlegaladvicewherepossible.TheLegislation Guide provides some examples as how you may pursue any outstanding debt.


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SecTioN 7 – PRoTecTiNg VulNeRABle dRiVeRS WHeN cARRYiNg ouT iMMoBiliSATioN oR ReMoVAl

7.1 introduction

The BPA Code of Practice sets out targets to ensure that drivers who have had their vehicles immobilised or removed are able to gain full access to them as soon as possible. There may however be some circumstances where operators have to make choices about which driver to prioritise for de-clamping or vehicle return after charges have been paid. There may also be circumstances where operators should consider whether immobilisation or removal is an appropriate remedy even though the driver has ignored signs and notices warning of the risk of such action.

‘Vulnerable’ drivers require special attention. This part of the guide looks at how operators should behave towards this group and what priority actions they can take to reduce or avoid causing the distress or danger which vulnerable drivers may suffer as a result of an operator’s action. This section also sets out a risk assessment checklist for operators to follow in order to comply with best practice.

7.2 Who are ‘vulnerable’ drivers?

• Driverswhoarememberofthedefinedgroupwhoby their nature could be seen to be vulnerable.

• Anyoneelsewhobecauseofexternalcircumstancesmay become at risk because they don’t have full access to their vehicle.

7.3 Who are members of the vulnerable drivers group?

Whilst you should be aware that anyone could become a vulnerable driver in the right (or wrong) circumstances, a person that falls into the following groups could be more likely to be a vulnerable driver :

• Single(unaccompanied)women.• Womenaccompaniedbyyoungchildren.• Youngpeoplebelowtheageof21.• Elderlypeople,whetherontheirownorasacouple.• Peoplesufferingfromadisability.• Peoplesufferingfromillness

It should also be acknowledged however that a person in these groups could just as easily not be described as vulnerable.

7.4 Who can become vulnerable because of external circumstances?

This is not meant to be an exhaustive list, but you shouldbeawarethatapersonthatfindsthemselves(or perceives themselves to be) in the circumstances below may behave differently from how you may expect them to.

• Anyonewhofindsthemselveswithouttheirvehicleinan area of high criminal activity.

• Anyoneexperiencingextremeweatherconditionswhen they are inadequately dressed.

• Anindividualwhohasinsufficientfundstodealwith the situation of being without their vehicle unexpectedly.

• Anydriverunfamiliarwiththelocationwhofindsthey do not have the use of their vehicle during the hours of darkness.

7.5 What priority actions should operators take to remove or reduce the danger or distress to a vulnerable driver?

Operators should look to reduce or remove the risks to vulnerable drivers through the following alternative actions.

• Attendingthevulnerabledriverasspeedilyaspossible.

• Assistingthevulnerabledriver.• Prioritisingthereturnorde-immobilisationofthe

vulnerable driver’s vehicle.• Imposingalternativesanctions(suchasissuinga

parking ticket) instead of immobilisation or removal.• Acceptingdelayedorreducedpaymentifthat

addresses the particular source of danger or distress.

7.6 Risk Assessment checklist

1 Pre-enforcement action:

• Isthereevidenceinthevehiclesuggestingthedrivermay be vulnerable?

o If there is such evidence, what steps can the operator take to anticipate and mitigate the distress or danger their enforcement activity will have on the driver?

o Take alternative action where possible; immobilise rather than remove the vehicle; relocate rather than remove the vehicle; attach a parking charge (ticket) rather than immobilise the vehicle.


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2 Post enforcement action:

• Fromevidencesuppliedbythedriver(forexampleover the phone) does the driver appear to be vulnerable?o If driver appears to be vulnerable, what is the

likelihood of distress threat or danger to the driver now they have reduced or no access to their vehicle?

o How serious is the distress threat or danger to the vulnerable driver now they have reduced or no access to their vehicle?

• Whatexternalcircumstancesexistwhichmayputthe driver at risk or make them vulnerable?

o If driver appears to be vulnerable, what is the likelihood of distress threat or danger to the driver now they have reduced or no access to their vehicle?

o How serious is the distress threat or danger to the vulnerable driver now they have reduced or no access to their vehicle?

• Whereitappearstoanoperativethatadriveris vulnerable, they should involve the operative’s management in making decisions.

• Whatoptionsareavailabletooperatorstomitigatethe distress or danger to the vulnerable driver?

o Calling for assistance from operators colleagues.o Call police or ambulance to assist driver.o Calling the parents or relatives of the driver.

• Fromtheevidenceobtained,whatisthebestalternative approach to take to the vulnerable driver if any instead of the planned enforcement action?

• Havingchosenthebestapproachtotakeandimplemented the action, has this reduced or removed the distress, threat or danger to the driver?


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8.1 introduction

The section of the guide covers best practice in relation to the use of Automatic Number Plate Recognition (ANPR) systems by private operators, and in particular the procedures they should put into place for handling the data they collect from the use of ANPR. Legislation that refers to the use of CCTV and ANPR is referred to in the Legislation Guide.

8.2 ANPR and data Protection

Operators may not realise that the use of ANPR is covered by data protection rules. The police however certainly regard ANPR data1 as covered and the InformationCommissionerOffice(ICO)haspublishedan updated CCTV Code of Practice in 2008 in which they say: “this code provides good practice advice for those involved in operating CCTV and other devices which view images of individuals. it also covers other information derived from those images that relates to individuals (for example, vehicle registration marks)”.

8.3 Assessing the impact of ANPR on your parking operation

In order to comply with the current best practice, parkingoperatorsmustfirstdecidewhethertouseCCTV/ANPRbytakingintoaccountwhatbenefitscanbe gained, whether better solutions exist and what effect using such systems may have on individuals. This should be done as part of an impact assessment on people’s privacy. Such an assessment should look at whetherthesystemisjustifiedinallthecircumstances,andifitisjustifiedhowitshouldbeoperated in practice.

Operators should as part of a privacy impact assessment ask themselves:

• Whatorganisationwillbeusingtheimagesandwhowill take responsibility under the DPA?

• Whatisthepurposeforusingthesystem?Whatproblems it is meant to address?

• Whatarethebenefitstobegainedfromitsuse?• Canthissystemdeliverthesebenefits?• Canlessprivacyintrusivesolutionsachievethesame

objectives?• Whatfuturedemandmayariseforwideruseof

images, and how will you address this?

• Whataretheviewsofthosewhowillbeundersurveillance?

• Whatcouldyoudotominimiseintrusionofthosethat may be monitored?

When the system will be operated by or on behalf of a public authority (such as a university or hospital with a private car park) the authority will also need to consider human rights issues, and in particular the application of Article 8 of the European Convention on Human Rights. This is concerned with the right to respect for private and family life and would include questions such as:

• Istheproposedsystemestablishedonaproperlegalbasis and operated in accordance with the law?

• Isitjustifiedinthecircumstances?• Isitproportionatetotheproblemitisdesignedto

deal with?

If the answers to a number of such questions would be ‘No’, then it may be more appropriate to use an alternative method of enforcement.

8.4 Administering your ANPR system

Operators who put in place a CCTV/ANPR system must ensure it is effectively administered. This is essentially a question of ensuring the personal information that is collected is handled appropriately. Operators should nominate an individual who has responsibility for the control of the images; decide what is to be recorded, how the images should be used and who they may be disclosed to. The operator (not the individuals tasked with dealing with the data) will be treated as the data controller and will have a legal responsibility for compliance with the DPA.

Questions that operators should ask themselves under this heading include:

• Whohasresponsibilityforcontrolofimagesandmaking decisions on how these can be used?

• HastheoperatornotifiedtheInformationCommissioner’sOfficethattheyareadatacontroller(andpaidthenotificationfee)?Doesthenotificationcover the purposes for which the images are used and the disclosures that will be made?

• Ifanyoneoutsidetheoperator’sorganisationisproviding processing services, for example by editing or enhancing images, is a written contract in place withclearlydefinedresponsibilities?

SecTioN 8 – APPRoPRiATe uSe oF ANPR

1 see paragraph 3.4.1 Data Protection Principles in their Practice Advice on the Management and Use of Automatic Number Plate Recognition 2009, produced onbehalfoftheAssociationofChiefPoliceOfficersbytheNationalPolicingImprovement Agency.


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Operators have a broad responsibility to put in place clear procedures to determine how the system will be used. This means:

• Identifyingclearlydefinedandspecificpurposesforthe use of the images and communicating those purposes to the individuals who operate the system.

• Documentingclearlytheseproceduresbasedonthecode of practice on the handling of images. These procedures could include guidance on disclosing the images and keeping a record of disclosures.

• Nominatinganindividualresponsibleforensuringprocedures are followed.

• Ensuringproactivechecksorauditsarecarriedouton a regular basis to ensure the procedures are being complied with.

These procedures should be regularly reviewed in order to ensure the continued standards of the CCTV/ANPR system. The Information Commissioner needs to be notifiedonanannualbasis,andtheannualreturnmaybethe appropriate time to consider the continuing use of the system.

The ICO Code of Practice sets out some rules of selecting, locating and using cameras. When number plate only information is being captured the key question is goingtobe“doesthesystemproduceimagesofsufficientquality for the purposes of accurately recording the vehicle registration mark?” Systems need to be able to identify vehicle number plates accurately. The ICO code also considers procedures for looking after recorded material and using the images. It highlights that recorded material must be stored in a way that maintains the integrity of the image and then restricting access only to those people who need to have access. Once the reason that the recorded image was made is complete, the images should be deleted.

8.5 disclosure of ANPR data

The ICO code makes some important points about the disclosure of images from CCTV and ANPR systems. Disclosure must be controlled, and consistent with the purpose for which the system was established. It is not appropriate to disclose images for unrelated purposes. However, it is acceptable to disclose images to law enforcement agencies, even if the system was not created for that purpose, if not doing so would be likely to prejudice the prevention and detection of crime. However, there is no obligation on operators to do this. Other requests for images should be approached with care as disclosure may be unfair to the individuals concerned.

Questions you should ask yourself are:

• Arearrangementsinplacetorestrictdisclosureofimages in a way consistent with the purposes for which the system was established?

• Hasclearguidancebeengiventotheindividualswhohave to handle requests for disclosure so that they understand the circumstances in which disclosure is appropriate?

You should record the date of any disclosure along with details of who the images have been provided to and why this information was required. It will be a matter of your judgment about whether or not to disclose information recorded by CCTV/ANPR system. You have the discretion to refuse such requests, unless there is there is a legal obligation such as a court order, or individuals who have been photographed have information access rights (see below).

8.6 Retention of ccTV/ANPR images

Thereisnospecificminimumormaximumretentionperiod which applies to information recorded by CCTV/ANPR systems. Instead, the retention period should reflecttheoperator’sownpurposesforrecordingtheimagesinthefirstplace.Youshouldnotkeepimagesforlonger than necessary to meet your own purposes and bear in mind the time limits imposed by the AOS Code on processing claims for unpaid charges.

Questions you should ask yourself are:

• Haveyoudecidedontheshortestperiodthatyouneed to retain the images, based upon your purpose forrecordingtheminthefirstplace?

• Haveyoudocumentedyourimageretentionpolicyand is it understood by those who have to operate the system?

• Haveyouputinplacemeasurestodeleteimagespermanently through secure methods at the end of the period? Are you undertaking systematic checks to ensure that your retention period procedure is being complied with?

8.7 other operator responsibilities

8.7.1 informing people about your ccTV/ANPR system

You must let people know that they are in an area where surveillance is being carried out. You should do this using prominently placed signs at the entrance to the area you are monitoring and reinforce this information with further signs inside the area covered by the system. As a general rule, signs should be more prominent and frequent where it would otherwise be less obvious to people that their details are being recorded.

Signs should:

• Beclearlyvisibleandreadable• Containdetailsoftheorganisationoperatingthe

system, the purpose for using the CCTV system and who to contact about the system.

• Beanappropriatesize,takingintoaccountfor


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example where signs are being viewed by pedestrians or by drivers.

• Systemsinpublicplacesshouldhavesignsgivingthe name and contact details of the organisation responsible for the system.

8.7.2 Subject access requests

If your CCTV/ANPR system records images of people as well as details of vehicle number plates, you should be aware of the rules regarding “Subject access requests”. Individuals whose images are recorded have a right to view the images of them and to be provided with a copy of the images. This must be provided within 40 calendar days of receiving a request. You may charge a fee of up to £10 (the current statutory maximum). Those who request access must provide you with details which allow you to identify them as the subject of the images and also to locate the images on your system. Operators should consider :

• Willthestaffinvolvedinoperatingthesystemrecognise a subject access request?

• Doyouhaveinternalproceduresinplaceforhandling subject access requests, including keeping a log of requests received and how they were dealt with?

A clearly documented process will help you. Where operators are using ANPR systems which do not

photograph individuals then, in our opinion, a subject access request will not be applicable. However if operators are using facial recognition technology in addition to ANPR in order to, for example, identify drivers, then the rules on subject access requests will apply.

8.7.3 Security industry Authority licensing

Although normal ANPR camera usage will fall outside of the SIA’s requirements, you should be aware of the requirement to obtain an SIA licence where manned guarding activities are being undertaken involving the use of closed-circuit television equipment for public space surveillance, and where certain other conditions arefulfilled.Inthesecasesyoumusthaveappropriatespecifiedtraining,whichisdefinedontheSIAwebsite,aswell as a licence issued by the SIA.


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9.1 Signs

Signs are the most important way of telling drivers what the terms and conditions are to use a car park or otherlocation.Ifyoursignsaredifficulttoread,placedin obscure places or fail to include terms that you subsequentlymaywishtorelyonyoumayfindthatyouare unable to enforce the terms you intended to apply.

The BPA code sets out required content that must be included on signs – in particular see section A8 in relation to sites where vehicle immobilisation or removal is carried out, and section B4 where you issue parking tickets.

Key principles in relation to signs:

• Writeyoursignsinsuchawaythattheycanbeunderstood easily. Don’t use ‘legalese’ but instead use words and phrases that an ordinary person will easily understand.

• Makeyoursignsbigenoughtoseeandread.Thewording must be legible. The Code states that signs must be at least 450 mm x 450 mm.

• Makesureyoursignscanbeeasilyspottedbydriversas they come into the site. Don’t let signs get obscured by trees, high sided vehicles, dirt or other obstructions.

• Placeenoughsignsaroundyoursitetoensurethedriver has had every opportunity to see them. Bear in mind that courts have found in favour of drivers wheresignshavebeeninadequateornotsufficientlyobvious to read. So don’t economise on signage if the consequence will be that a driver can credibly make the case ‘I couldn’t see any signs’.

• Ifyouoperateapaid-forcarpark,putsignswiththemost important terms (most of the terms listed in the BPA AOS Code will fall into this category) at the pay point. If there is a barrier, make sure that the signs are visible before the driver passes the barrier. Otherwise he may claim he did not know the terms at the time he committed himself to park.

• Makeuseofsymbolsorpictogramsaswellaswordsto facilitate understanding. The sign is intended to communicate not to confuse. So where symbols help to get your message across, use them.

• Thinkaboutthetimesofdayandotherconditionsthatwill apply when a driver is trying to park, and adapt your sign accordingly. Put it under a light if that is the only way toallowittoberead.Useretro-reflectivepaintifthathelps to make it easy to spot and easy to read.

• Includeyourcompanyinformationdetails.Driversneed to know who they are dealing with, especially when faced with enforcement action. So don’t make thisdifficultbyhidingyouridentity.Takenoticeofthecompanies and consumer legislation which applies to signs (see section 4 of this Guide).

• IfyouuseANPRtoidentifyvehicles,youmusttelldrivers that you are doing so and why you are collecting their data. See paragraph B6 of the Code and Section 9 of this Guide for more information on using ANPR.

• Makeitclearwhatactionsbyadriverwillleadtoenforcement and control activity. These actions should be clearly spelled out, such as, for example, a failure to purchase and display a ticket or permit, a failure to park correctly in an authorised bay, exceeding the time permitted on a purchased ticket or permit, parking an unauthorised vehicle such as a coach or Lorry in a car park authorised for private cars.

• IncludetheminimumcontentprescribedbytheAOSCode – see section A8 in relation to sites where vehicle immobilisation or removal is carried out, and section B4 where you issue parking tickets.

9.2 Notices and other communications with drivers

The BPA Code sets out in section B13 the process for pursuing unpaid parking tickets, starting with a Notice to Keeper / Owner and suggesting follow up reminder letters. We have included in this guide a model letter for thefirstsuchcommunication,theNoticetoOwner.

SecTioN 9 – SigNS ANd NoTiceS


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9.3 Model wording: Notice to owner letter

Dear (Registered Keeper)

Payment for Parking Ticket No. XXXXX is overdue. Please pay the charge of £ [amount] now. Payment details are at the end of this letter.

We recently issued parking ticket no. xxxxxx to your vehicle because it was parked in breach of the terms which apply at [name the car park]. The parking ticket was [attached to your vehicle on the day] or [sent to you by post on the DATE] and has not been paid.

Signs at the entrance to the car park and in other places around the site set out the terms and conditions on which parking is permitted. Drivers who breach the permitted parking terms and conditions are liable to pay a charge, according to the list of tariffs displayed in the car park.

A discounted charge applies if a parking ticket is paid within 14 days of issue but the opportunity to pay this parking ticket at the reduced rate has now expired and the full value of £[amount ] is now due.

We have obtained your details from DVLA as the registered keeper of the vehicle, through the Reasonable Cause request of pursuing an outstanding private parking charge. Details of the unauthorised parking were as follows:

Car park Location: Date: Time: Your Vehicle Registration Number: Make: Colour:

The reason we issued a parking ticket to your vehicle is as follows: [give the reason]

We now request this amount is paid using one of the payment methods described below. If within 14 days the parking ticket is not paid or the reason it was issued challenged we will take further steps to recover the amount owed. These are [name your preferred recovery methods, such as hand over to debt recovery; issue court proceedings or whatever steps you use]. Additional charges [give the additional charges] will arise if we have to take any of these further steps.

If you wish to challenge the issue of the parking ticket, please refer to the appeals process on the reverse side of this letter. This describes the procedure we use to handle challenges following the issue of a parking ticket.

If you sold or hired out the vehicle before the parking ticket was issued please let us know. If you were not the driver please supply the full name and postal address of the driver at the time so that we may address this request to them.

The Information Commissioner and the DVLA each operates a complaints procedure for you to use if you believe your data has been used inappropriately to supply us with the vehicle’s registered keeper details. Information on how to complain can befoundatwww.direct.gov.ukforDVLAandwww.ico.gov.ukfortheInformationCommissionersOffice.

How to pay this parking ticket: [include your process and your VAT number]

We will send you a receipt for your payment if you request one.

Yours sincerely

Include your registered company details, including the part of the UK where your company is registered, the address of the registeredofficeandthecompany’sregistrationnumber

Include your Contact information


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SecTioN 10 gloSSARY

BPA British Parking Association

ANPR Automatic Number Plate Recognition

driver Individual operating a vehicle

operator Individual/Organisation in charge of car park

land owner Individual/Organisation who owns car park

immobilisation Clamping

Member Individual/Organisation who is signed up to the BPA

AoS Approved Operator Scheme (part of the BPA)

ATA Accredited Trade Association (which the BPA is)

enforcement Sanction (i.e. ticket, clamping)

Private land/Parking Non-council run property (parking is un-legislated in these areas)

Public land/Parking Council run property (such as on street – parking is legislated in these areas)

ico InformationCommissioner’sOffice

SiA Security Industry Authority

British Parking AssociationStuart House41-43 Perrymount RoadHaywards HeathWest Sussex RH16 3BNPhone: +44 (0) 1444 447300Fax: +44 (0) 1444 454105

[email protected]

© British Parking Association 2011.This version No.1 published November 2011.

bpa approved operator scheme good practice guide for members carrying out parking

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