DVLA/PPC breaching Data Protection Act?

[pin1onu]

I have been looking at the DVLA guidelines for requesting information from the DVLA database. The relevant forms for companies mention the term Penalty Charge Notices.

I found this link on the Directgov website
Download ‘Request for information (V888/3) - companies (only where a penalty charge notice will be issued)' (PDF, 184K)

Both the link and the document both refer to a Penalty Charge Notice.

It is my understanding that a Penalty Charge Notice can only be issued by a Council (or an authorised company acting as an agent for the council) in a de-criminalised borough (Road Traffic Act as Amended 1991). Anything else purporting to be this is mimicking an official document and is therefore fraudulent.

Given this premise if a PPC issued a request for information using this form and it was issued by the DVLA then that would be a breach of Data Protection Act. The PPC would be guilty of mis-representing the use of the data i.e. for the issuing of an invoice to the registered keeper not a PCN.

If the DVLA were aware of this and gave the information out anyway then they are in breach of the act as well.

Would it be worth doing a subject access request/freedom of information request to the DVLA and finding out what form the PPC used and if they have used the 888/3 hit them with a complaint to the information commissioner and a claim for compensation?

Now I know that some companies use electronic access but not all are BPA members and therefore have to fill-in the forms.

I’d be interested in your comments on this one especially if you think it would stand up legally.

[Bernie_the_Bolt]

You might want to refer to this thread.

There is also a link to it in the two template letter stickies.

[pin1onu]

Originally Posted by Bernie_the_Bolt

You might want to refer to this thread.

There is also a link to it in the two template letter stickies.

Great templates Bernie. Thanks. Same end result as I'm trying to achieve.

Having read comments by the DVLA and a statement to parliament by Secretary of State for Transport about what they think constitutes "reasonable cause" I was trying to get around this area with what I think is a nice bit of legal nitpicking.

I have yet to be directly hit by a PPC in this way but I suspect it's only a matter of time given my current job. When they do come I want to be prepared and ready for the tutaes Hence my request for comments.