IMPORTANT REMINDER: Please make sure your posts do not contain any personally identifiable information. If you are uploading images, please take extra care that you have redacted all personal information.
Advent-ures in the MSE Forum... Our Advent calendar is live, helping you discover a new corner of the community each day. Visit the homepage and scroll down

Reasonable Cause

Just having a look at the DVLA website about under what conditions they will release my details to a PPC. This is what they say:

http://www.direct.gov.uk/en/Motoring/OwningAVehicle/AdviceOnKeepingYourVehicle/DG_180097
Cars parking on private property

Releasing vehicle information to landowners or their agents helps to find the keeper of a vehicle that has:
  • obstructed access to land or property
  • been abandoned on private property
  • been parked without payment of the relevant fees
  • been parked without the right to do so, eg in a space reserved for disabled motorists
A few questions for the more knowledgeable amongst us:

1. Do the PPC have to provide proof, other than written word, ie photo's/CCTV etc, that a car has obstructed access?

2. A car parked without payment of relevant fee's, but if the car park is free, how do they justify this?

3. How do they provide proof to DVLA that the person is not disabled?

4. How are the able to apply for details for, say someone touching or slightly over the line in the bay, as that does not seem to be covered by any of the above?

Surely, most PPC's obtained these details under false pretences, and if we can prove that the DVLA has given out our details willy nilly and having checked evidence etc, can we then report them to the Information Commissioner for breach of DPA?
«134567

Replies

  • The PPC can apply for your details under s35 of the DPA - in anticipation of starting court proceedings against you. That's good enough for the DVLA.
  • Fergie76Fergie76 Forumite
    2.3K Posts
    Part of the Furniture 1,000 Posts Combo Breaker
    Forumite
    sarahg1969 wrote: »
    The PPC can apply for your details under s35 of the DPA - in anticipation of starting court proceedings against you. That's good enough for the DVLA.

    But that doesn't conform with the DVLA's own rules given out details (as posted in the OP), so therefore are breaching the DPA, no?
  • I do not have the expertise to comment on the DPA but the DVLA being cavalier with our personal information is galling but at least their charges help to reduce the profitability of PPCs. I personally find the £2.50 to betray my privacy derisory. The charge should be at least £20.
    Still waiting for Parking Eye to send the court summons! Make my day!
  • Fergie76 wrote: »
    But that doesn't conform with the DVLA's own rules given out details (as posted in the OP), so therefore are breaching the DPA, no?

    I would have suspected that by now if it was breaking the DPA guidelines then someone would have had their knuckles wrapped, however as long as the PPCs are wasting their money to no good end then the higher the charge and the more often they apply for the info the better.
  • Fergie76 wrote: »
    But that doesn't conform with the DVLA's own rules given out details (as posted in the OP), so therefore are breaching the DPA, no?

    No - S35 allows them to divulge the information for the purpose of court proceedings (actual or anticipated).
  • How about that guy posting on here about a ppc harassing him on his own land? He owned the parking bay in a locked underground parking spot, but the ppc went to the dvla to get his details, isn't that a breach as they had no probable cause for his details ?

    Really we should be going after our mp's in regards to the dvla handing out personal details to third parties without cause, wonder if a petition on the downing street website will help or be allowed in regards to this ?
    Excel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
    They are all or have been suspended from accessing the DVLA database for gross misconduct!
    Do you really need to ask what kind of people run parking companies?
  • Fergie76Fergie76 Forumite
    2.3K Posts
    Part of the Furniture 1,000 Posts Combo Breaker
    Forumite
    sarahg1969 wrote: »
    No - S35 allows them to divulge the information for the purpose of court proceedings (actual or anticipated).

    But if then they don't go through with the Court proceedings, as we know 99% of PPC's don't do Court, surely this should fall under false pretences?

    By the way, I'm not arguing with you, I'm just trying to understand the system.
  • Fergie76Fergie76 Forumite
    2.3K Posts
    Part of the Furniture 1,000 Posts Combo Breaker
    Forumite
    taffy056 wrote: »
    How about that guy posting on here about a ppc harassing him on his own land? He owned the parking bay in a locked underground parking spot, but the ppc went to the dvla to get his details, isn't that a breach as they had no probable cause for his details ?

    Really we should be going after our mp's in regards to the dvla handing out personal details to third parties without cause, wonder if a petition on the downing street website will help or be allowed in regards to this ?

    From DVLA website:
    What to do if your details are asked for dishonestly

    If you think that your details have been asked for dishonestly or misused, you can write to Release of Information, Fee Paying Enquiries Section, DVLA, Swansea, SA99 1AJ.
    Give your details and explain how you believe the information has been misused. DVLA will look into all claims where information has been requested inappropriately and will refer your enquiry to the Information Commissioner for prosecution if the need arises.
    If you are not satisfied with the way DVLA has handled your complaint, you can contact the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, SK9 5AF.
    DVLA can't settle disputes over individual circumstances between the relevant parties.

    Has anybody challenged DVLA on this and won?
  • robredzrobredz Forumite
    1.6K Posts
    Might as well try herding cats, rather than attempt to get sense out of the DVLA, as seen on CAG, with many posts and some victories in magistrates courts against them. They are out of control, and making the law up as they go along, they have also featured on Watchdog, for losing peoples licence details and forcing them to take their driving test again. Giving details to the likes of Perky is a nice little earner for them , they would say why should they stop.
  • edited 30 December 2010 at 8:48AM
    esmerobboesmerobbo Forumite
    5K Posts
    Part of the Furniture 1,000 Posts
    edited 30 December 2010 at 8:48AM
    This gives the barstewards a free hand really!

    "Data release to the parking industry


    Private car parking facilities provide a vital service in towns and cities throughout the land. Properly controlled data release from the DVLA vehicle register helps those facilities operate more effectively for the benefit of tens of thousands of motorists every day.

    In all matters regarding data release we act responsibly and in accordance with legislation.

    Reasonable cause for data release
    Motorists are obliged to comply with the terms and conditions of car parks in which they choose to leave their vehicles. Unauthorised or inconsiderate parking, such as misuse of disabled bays, or overstaying the permitted time can cause considerable nuisance to other motorists and can result in economic loss for the land owner. In such instances, private car parking enforcement companies can claim ‘reasonable cause’ and request that we release personal data so that they can trace the keeper of any vehicle contravening the parking restrictions.

    An inconvenient alternative
    Without data release by DVLA, private car parking companies would have no alternative for enforcing parking conditions other than to apply vehicle clamping (in England and Wales) and/or removal, both of which cause massive inconvenience for the motorist.

    When parking enforcement companies use wheel clamping as a deterrent they do not need to request vehicle keeper information from DVLA. The simple procedure is that the clamp will not be removed until a release fee has been paid. Wheelclampers will only rarely apply for vehicle keeper information, where a vehicle is not claimed by the keeper, or where criminal damage occurs to their immobilisation devices."

    Companies registered for the EL as to May 2010.
    http://www.direct.gov.uk/en/prod_dg/groups/dg_digitalassets/@dg/@en/@motor/documents/digitalasset/dg_065256.pdf
This discussion has been closed.
Latest MSE News and Guides

Is your local HSBC closing?

114 branches to shut in 2023

MSE News

Advent Competitions

The countdown is on

MSE Forum

Baileys £10 for 1L at Tesco

When you scan your Clubcard

MSE Deals