Mobile phone app to open carpark barrier - legal?

[djohnson]

The landlord of our office is changing the entry process to the carpark. This will mean having an app on my phone, opening this app and scanning it at the barrier (previously this was done via office id card). There’s no way of doing this without holding the phone. Whilst after the barrier it is private, at the point of stopping to open the barrier there’s no doubt the car is (partly at least) on a public road. I’m unconvinced this is technically legal. I’m no lawyer but reading the legislation I can see an exemption for using the phone in a similar way to make a payment, however no payment is involved here, it feels like a leap of assumption to conclude the same principle would necessarily apply to using the phone for this purpose. The landlord argues it’s fine so long as the vehicle is stopped. Getting caught doing this seems unlikely (albeit with vigilante cyclists actively targeting drivers who knows), however I don’t particularly want to be doing something day in and day out which might land me with 6 points, however much of a technicality it is. Am I overthinking this and worrying about nothing? Or do I have a point? Thanks for any replies.

[SS2.]

I think you are correct and the landlord is wrong.

[C5_Steve]

Your landlord is making an assumption by my understanding of the rules, the exception is specifically for making a contactless payment.

[Zeeky]

Could you get out of the car to scan the app? I take your point that sitting in the car with the engine running, your foot on the footbrake and leaning out of the window to use the phone might be an issue but it seems easy to resolve.

[djohnson]

Thanks all.

Yep simply getting out is a good point, it’s tight in terms of width but I think just about possible to get out of car to operate if car is positioned carefully.

[dundarach]

I be more pissed about having to install yet another flaming app, but that's just me!

Tell them you 'Don't do smart phones'

[soad]

dundarach said:

I be more pissed about having to install yet another flaming app, but that's just me!

Tell them you 'Don't do smart phones'

Must be both time consuming and costly to administer access/reissue cards?

Been told not to tailgate.

[Sebring440]

dundarach said:

Tell them you 'Don't do smart phones'

He probably wants to get into his office car park!

dundarach said:

I be more pissed about having to install yet another flaming app

How would installing an app make you pissed? Sounds like a cheap night out!

[Cudd Wudd]

Don't highlight the payment exemption too much, might give the landlord an idea

[jeremyc]

Does the app use RFID (like payment cards), or does it require an optical scan of a bar or QR code?

If the latter then take a screenshot of the code and print your own card ...

[djohnson]

jeremyc said:

Does the app use RFID (like payment cards), or does it require an optical scan of a bar or QR code?

If the latter then take a screenshot of the code and print your own card ...

The latter I think. Will try it. Thanks

[Bill]

Personally I reckon you're overthinking it. If you're really worried then turn the engine off, but stopping at the barrier with the handbrake on and out of gear would be enough IMO. The law has, as usual, failed to keep up with tech but you'd be spectacularly unlucky to be noticed by a cop nevermind prosecuted.

[sospan]

Ask the boss about an ANPR system instead. A local country park uses one and allows two cars per permit ( annual permit).

[Robertb]

Accessing an app with the phone in-hand is certainly illegal, use of a phone to for payment for something at a contactless payment terminal is specifically exempt.
https://www.legislation.gov.uk/uksi/2022/81/made

We had a discussion with our landlords about exactly this, and they installed a barrier system which allows us to call it, and it is set to recognise various mobile numbers as submitted by users.

[snuffy]

jeremyc said:

Does the app use RFID (like payment cards), or does it require an optical scan of a bar or QR code?

If the latter then take a screenshot of the code and print your own card ...

Could be Bluetooth.

I've got an app that opens a friend's gate like that. But when a use it I'm actually on his drive, not the road.

[WrekinCrew]

The NCP app works like this - arrive at the barrier and scan your QR code.

Even though you're on private property at the barrier, it's still a place "accessible to the public" so I'm not sure if the phone laws apply.

• Here's their view https://www.ncp.co.uk/help-centre/season-tickets/c...

Edited by WrekinCrew on Wednesday 3rd April 14:04

[Forester1965]

I think the CPS would struggle to overcome rule 110 (5B). It's clearly analogous, undertaking a 'transaction' to open the barrier as you would another contactless transaction. It'd be perverse if the regulations allowed one and not the other on the basis you're an account holder rather than making a new purchase.

[Simpo Two]

dundarach said:

I be more pissed about having to install yet another flaming app, but that's just me!

Tell them you 'Don't do smart phones'

I don't. Some of the considerable time that frees up is spent dodging people walking at me with their head in their bloody phone!

One reason reason I left my old marina was because they put a barrier in that I had to telephone to get in The barrier was solar powered; it used more power than it got so it's now always open...

[djohnson]

WrekinCrew said:

The NCP app works like this - arrive at the barrier and scan your QR code.

Even though you're on private property at the barrier, it's still a place "accessible to the public" so I'm not sure if the phone laws apply.

• Here's their view https://www.ncp.co.uk/help-centre/season-tickets/c...

Edited by WrekinCrew on Wednesday 3rd April 14:04

Thanks. That’s interesting. In my non-lawyer mind there’s a potential difference. The legislation which covers using a mobile while driving refers only to ‘road’ not to ‘….or other public place.’. Hence (in my mind) if you’re already on an NCP carpark and that’s an ‘other public place’ rather than a ‘road’ you can’t commit this offence. However in my case there’s no doubt the car is (partly) on the road at the point of opening the barrier. However happy to be told I’m wrong.

[Foss62]

WrekinCrew said:

The NCP app works like this - arrive at the barrier and scan your QR code.

Even though you're on private property at the barrier, it's still a place "accessible to the public" so I'm not sure if the phone laws apply.

• Here's their view https://www.ncp.co.uk/help-centre/season-tickets/c...

Edited by WrekinCrew on Wednesday 3rd April 14:04

Yes - I was surprised by similar after pre-booking parking with NCP a couple of weeks ago. I thought the barrier would just open on number plate recognition, but I had to hunt around for the phone and then find the email to scan. Certainly all easily visible from the street.