War Is Declared: Court Action Against DVLA

bazster

bargepole wrote: »

So now I need either: A consumer-focused benefactor to underwrite the cost (have sent message to Martin Lewis), or, a completely impecunious person in whose name to submit the claim, who would qualify for legal aid.

All suggestions welcome.

I quote from the DVLA's own website:

It is a criminal offence under Section 55 of the Data Protection Act 1998 to unlawfully obtain or sell personal information. Unlimited fines in the Crown Court (or to a maximum of £5,000 in the Magistrates Court) exist as penalties in respect of these offences.

The PPC's have no contracts with the motorists they pursue and therefore no right to issue charges to them. The DVLA knows this. The PPC's know this. Clearly, then, there is no "reasonable cause" for RK information to be released, so the DVLA is committing the above offence of unlawfully selling personal information, and the PPC's are committing the above offence of unlawfully obtaining personal information.

So, what is the process by which the offences can be reported so that they can be prosecuted in the Magistrates or Crown Court, rather than bringing a civil action? Is it a police matter?

JagDriver

My guess would be to ask a friendly MP to get the police to investigate, failing that it's trial by media.

bazster

JagDriver wrote: »

My guess would be to ask a friendly MP to get the police to investigate, failing that it's trial by media.

I think I'll sound out my MP. Can't see me getting anywhere at the local cop shop.

bazster

Come to think of it my MP will probably just ask if I've reported it to the ICO, so I guess I'd better do that and get the brush-off from them first.

peter_the_piper

Don't forget MP's are on holiday (more than normal) so you are not likely to get a reply anyway.