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Parking Company Charges Unlawful ?
Hi I recently applied for a FOI request from a city council regarding planning permission for a car parking company erecting cameras and signage ,at a local reatail site car park. Apparently , even though this company is charging people to park , and issuing parking charge notices , they have NEVER applied for planning permission to do this ,is this lawful.
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For more on marking an answer as the "Best Answer", please visit our FAQ.The company that created the retail park will have obtained planning permission for the site as a whole, which includes the car park. Charging for use of that car park isn't a 'change of use' and therefore does not require any further planning permission.
The use of CCTV to monitor car parking is perfectly legal as long as the provisions of the Data Protection Act 2018 and the UK General Data Protection Regulation are complied with. Planning permission would only be required if, for example, a new structure was to be built to mount the cameras on. (Even then, it would only be the structure. per se, that required consent and not the actual cameras or their use).
The use of CCTV to monitor car parking is perfectly legal as long as the provisions of the Data Protection Act 2018 and the UK General Data Protection Regulation are complied with. Planning permission would only be required if, for example, a new structure was to be built to mount the cameras on. (Even then, it would only be the structure. per se, that required consent and not the actual cameras or their use).
In order to be able to charge for parking, the operator of the site must clearly display signs stating what the charges are. If such signs are in place, anyone who then uses the car park enters into a contract to pay the charges that he/she has been notified of. It's entirely up to operator of the car park as to how such charges are enforced. (i.e. it makes no difference as to whether cameras are used or whether a man with a notebook patrols the car park).
Businesses using CCTV must register with the Information Commissioner’s Office and notify people who might appear in the recordings that CCTV is in operation:
https:/ /ico.or g.uk/me dia/for -organi sations /docume nts/154 2/cctv- code-of -practi ce.pdf
However it's extremely unlikely that a court would rule that failure to do so could invalidate any parking charges, as the contract between a car driver and the operator of the car park is independent of the rules relating to CCTV.
Businesses using CCTV must register with the Information Commissioner’s Office and notify people who might appear in the recordings that CCTV is in operation:
https:/
However it's extremely unlikely that a court would rule that failure to do so could invalidate any parking charges, as the contract between a car driver and the operator of the car park is independent of the rules relating to CCTV.
this is completely ancillary but is an interesting read
https:/ /www.pa rkingco wboys.c o.uk/an pr-park ing-tic kets/
https:/
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