Can automatic number plate recognition be used for enforcement in a local authority owned car park?

In principle, Automatic Number Plate Recognition (ANPR) can be used for enforcement in a local authority car park but there are caveats as to use that may provide a basis for challenge. Accordingly, the answer is not straightforward and is dependent on various factors.

On the assumption the question concerns regulated public on or off-street car parks, there are two distinct areas of legislation that apply:

1. •

   the criminal law regime whereby enforcement is governed by the Road Traffic Regulation Act 1984 (RTRA 1984), and

2. •

   the civil law regime for a civil or special enforcement area (C/SEA) whereby enforcement is governed by the Traffic Management Act 2004 (TMA 2004) and contravention is subject to the law of contract

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