Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
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.
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.
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.
ive just looked at ther site heres wo can view your info they left anyone out
Vehicle manufacturers
Solicitors
Housing associations
Banks
Finance companies
Private individuals
Vehicle repair workshops
Petrol Stations
Insurance companies and loss adjusters
Private investigators
British embassies and consulates
Other UK and crown dependent registration authorities motor insurance Bureau
Legal aid agencies
Court appointed bailiffs and debt recovery agencies
Car park enforcement companies
Local authorities and their agents
NHS Trusts
Bodies with a statutory enforcement role
Other government departments and agencies
plus 52 companies
heres the link have a route round youll find the list http://www.direct.gov.uk/en/Motoring/Ow ... DG_4022066
scrool down a bit then look at Information from DVLA’s vehicle records. the download s
can we do anything about this
Not really. Even before the DPA, there has always been a right to get the information on request by paying the fee and getting an extract from the record. This is a public register. Even the ICO notes that the DVLA cannot withhold this data if the request is reasonable. Since the DVLA cannot be the arbiter of whether the PPC has a legitimate claim against the driver, they don't have this information - only the RKs details, so the PPC still has to find out who this is before their action can be competent.
But as we all know, it is simply a mail [problem], that only catches the scared, easily bullied or those with more money than sense.
DVLA/PPC breaching Data Protection Act?
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Originally Posted by Bernie_the_Bolt
