silly signs.

[scalyback]

Before we get into this, would you agree with the following paragraph, but without having read it yet? Let me explain.

I read a sign in our local carpark, M&S Sevenoaks. There are no signs outside the entrance, only inside (It's a covered carpark underneath their building). Below is the sign and I have added a yellow box to highlight the text which reads, "By entering this carpark you consent, for the purpose of car park management, to the capturing of photographs of the vehicle and registration by automatic number plate recognition cameras...""

My question is, How can I consent to something of which I had no knowledge of until after the event when I had already entered the car park and stopped to read the sign? Would this invalidate any PCN generated by their ANPR system?

(Well, it's been quiet here for a few days!)

[The Bald Eagle]

First off, is this a pay and display or pay on exit car park?

[scalyback]

It WAS a pay on exit, you entered you number and it said how much to pay, but my last visit showed it to be a 'guess your stay' type pay and display, only I didn't use it as they let my motorcycle in for free! YAY!

[The Bald Eagle]

@scalyback

So you guess how long you stayed and then pay what you think is the appropriate amount. Which means it would not be practical to send someone down to enforce the disabled bays, which means the wea$el's customers are not getting the service they require.

That said, not having signs at the entrance of the car park is a big no, no, and would almost certainly result in a judge throwing the case out for lack of signs. There are a number of other faults in the sign that would also invalidate the parking charge in my opinion.

Going back to your original point though, you are of course correct in that you cannot agree to something you are not aware of. However, that would not become a legal problem (again in my opinion) unless the wea$els acted on it without your knowledge.

For example, if you went to the car park in a car, parked for two hours and then left without paying the appropriate amount I'm sure they would argue that you would have had ample opportunity to read and agree the T&Cs, and that by staying you have agreed them.

On the other hand, if you did the same thing but on arrival it took you ten minutes to find a space, a further five minutes to read and disagree with the T&Cs and a further five minutes to exit the car park, then it would be questionable as to whether they would have the right to access the DVLA database under the "reasonable cause" rules.

Going back to your original question though, I believe there may be a case for a complaint to the Information Commissioner on the basis that your personal details are being captured and stored by a data controller without your being given sufficient warning that this may happen. You may also want to question what happens to that data if you decide not to enter into the contract, or indeed if you do enter into it and complete the contract by paying the correct amount.

In theory, then under those circumstances your data should be immediately destroyed (unless you have a separate pay by phone agreement or any other such arrangement which has its own T&Cs that allow for data retention). If it isn't, then why isn't it? The contract is either complete or non existent, so why would they want to keep your data?

In your particular instance there can be no contract, because bikes aren't charged. What's the betting they still have your details and photos on record though?

Ever heard of a "subject access request"? 

[scalyback]

Subject access request?

Is that to do with personal data? No, I am not really familiar with them.