ANPR Got the Wrong Car: Mistaken Identity Defence

ANPR Got the Wrong Car: Mistaken Identity Defence

Automatic Number Plate Recognition (ANPR) cameras are now used in most private car parks and increasingly by councils. While the technology is generally reliable, errors do happen. If you have been charged for a parking contravention that you are certain did not involve your vehicle, this guide explains how to challenge it.

How ANPR Errors Happen

ANPR cameras work by photographing number plates and using optical character recognition (OCR) to convert the image to text. Common error types include:

Misreads: The camera misreads one or more characters on your plate. Common confusions include:

• O and 0 (letter O and zero)
• I and 1 (letter I and one)
• B and 8
• S and 5
• D and 0
• Z and 2

Cloned plates: Someone has copied your registration number and put it on a different vehicle. This is a criminal offence (under the Vehicle Excise and Registration Act 1994 and the Fraud Act 2006), and it is more common than many people realise.

System errors: Technical glitches can assign the wrong registration to a session, mix up entry and exit times, or create phantom records.

Partial reads: The camera captures only part of the plate and the system guesses the rest incorrectly.

How to Tell If It Was Not Your Car

Check the following details on the charge notice:

1. Vehicle make and colour: Most charge notices include the make, model, or colour of the vehicle as captured by ANPR. If this does not match your vehicle, you have strong evidence.
2. Photos: Request the ANPR photos from the operator. These should show the vehicle entering and/or exiting the car park. Check whether the vehicle in the photos is yours.
3. Location: Were you anywhere near that car park on the date in question? Check your diary, phone location data, bank card transactions, or work records.
4. Your vehicle's appearance: Does your car have any distinctive features (stickers, damage, roof rack, colour) that differ from the photographed vehicle?

Requesting ANPR Data

You have the right to request the ANPR data under the UK General Data Protection Regulation (UK GDPR). This is called a Subject Access Request (SAR). The operator must respond within 30 days and provide:

• All photos taken of the vehicle
• Entry and exit timestamps
• The raw plate reading and any manual corrections
• Any other personal data they hold about you

Submit your SAR in writing (email is fine) to the operator's data protection officer. Reference your rights under Article 15 of the UK GDPR.

Building Your Defence

Step 1: Prove you were not there

Gather evidence showing you (and your vehicle) were elsewhere:

• Work attendance records or badge swipe data
• Bank card or contactless payment records showing transactions in a different location
• Phone GPS data (Google Timeline, Apple Maps history)
• CCTV from where you actually were (your workplace, a different car park, etc.)
• Toll road or congestion charge records
• Dashcam footage with timestamps
• Witness statements from people who were with you

Step 2: Show the vehicle is not yours

If the ANPR photos show a vehicle that clearly is not yours (different make, model, colour, or features), this is the strongest evidence. Point out the specific differences.

Step 3: Report plate cloning to the police

If you suspect your plates have been cloned, report it to:

• The police via 101 (non-emergency) or online via your local force's website. Get a crime reference number.
• The DVLA
• Action Fraud (0300 123 2040)

A police crime reference number for plate cloning is powerful evidence in your appeal.

Appealing the Charge

To the operator:

Write stating the vehicle in the ANPR images is not yours. Include:

• Your vehicle details (make, model, colour, registration)
• Evidence you were elsewhere
• Any differences between the photographed vehicle and yours
• Police crime reference number if plates were cloned

To POPLA or IAS:

If the operator rejects your appeal, escalate. POPLA and IAS assessors are familiar with ANPR errors and take mistaken identity seriously when well-evidenced.

At the County Court:

If the matter reaches court, a defence based on mistaken identity is strong. The operator must prove on the balance of probabilities that the contravention occurred. If you can show you were elsewhere and the vehicle is not yours, the claim should fail.

Plate Cloning: What to Do

If your plates have been cloned, take immediate steps:

1. Report to the police and get a crime reference number
2. Report to the DVLA
3. Consider changing your registration number (you can apply to the DVLA for a replacement at no charge if you are a victim of cloning)
4. Keep a record of all charges received for the cloned vehicle
5. Check your MOT and tax status (the cloned vehicle may be untaxed or uninsured)
6. Set up MOT and tax reminders on the DVLA website so you are alerted to any changes

ANPR Privacy Concerns

ANPR data is personal data under UK GDPR. Operators must:

• Have a lawful basis for processing your data
• Display signs informing you that ANPR is in use
• Not retain data longer than necessary
• Allow you to exercise your data rights (access, erasure, etc.)

If an operator refuses your SAR or misuses your data, you can complain to the Information Commissioner's Office (ICO).