Jump to content


DVLA/PPC breaching Data Protection Act?


pin1onu
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4087 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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.

-------------------------------------------------------------------------------------------------------------------------------------

This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

--------------------------------------------------------------------------------------------------------------------------------------

 

Link to post
Share on other sites

You might want to refer to this thread.

 

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

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

Link to post
Share on other sites

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 [/url]tutaes Hence my request for comments.

-------------------------------------------------------------------------------------------------------------------------------------

This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

--------------------------------------------------------------------------------------------------------------------------------------

 

Link to post
Share on other sites

  • 2 years later...

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...