DVLA, PPC's and the KADOE contract

bazster

OK, OK, in response to public demand here's a thread on the subject.

In order to obtain access to the electronic link, a PPC has to sign a contract with the DVLA, known as the "KADOE contract".

KADOE Contract

This is potentially very useful as a stick with which to beat the DVLA. Because it's a contract between the PPC and the DVLA, it does not involve BPA Ltd and the DVLA cannot hide behind the skirts of BPA Ltd if someone complains to the DVLA that a PPC has breached the KADOE contract.

The context in which I was asked to start a thread on this was debt collection. The KADOE contract states the following (Clause C3.1):

The Customer [i.e. the PPC] shall abide by the OFT Debt Collection Guidance whenever it seeks to recover payment of unpaid Parking Charges from any person.

So, even though the OFT Debt Collection Guidance (DCG) ostensibly applies only to debts arising from regulated consumer credit agreements, the KADOE contract means it also applies to PPC's. Accordingly every time a PPC, or its debt collector, writes a letter that breaches the DCG (which they mostly do), a complaint should be made to DVLA that the PPC has breached the KADOE contract.

OFT Debt Collection Guidelines
OFT Debt Collection Letters Guidance

But there is even better stuff in the KADOE contract. Section B2 reads inter alia as follows:

B2. Purpose For Which Data Is Provided

B2.1. The DVLA shall provide each requested item of Data to the Customer
via the KADOE Service for the Reasonable Cause of enabling the
Customer to:
a) seek recovery of unpaid Parking Charges in accordance with the
Accredited Trade Association Code of Practice, and using the
procedure in Schedule 4 to the Protection of Freedoms Act 2012
(where the vehicle was parked on private land in England or Wales on
a particular date); and
b) otherwise seek recovery from a driver of unpaid Parking Charges in
accordance with the Accredited Trade Association Code of Practice
(where the vehicle was parked on private land in Scotland or Northern
Ireland by that driver on a particular date, or where the Customer has
chosen not to pursue, or is not in a position to pursue the vehicle
keeper by utilising conditions in Schedule 4 of the Protection of
Freedoms Act 2012).

B2.2. The Customer shall use each item of the Data only for the Reasonable
Cause for which it was provided.

Which basically means that, where a PPC fails to adhere to the BPA Ltd CoP, or where it alleges keeper liability without complying with PoFA Schedule 4, it is in breach of contract with DVLA.

So, complaint should be made to DVLA stating that the complaint is specifically about the PPC breaching the KADOE contract. When the DVLA replies stating that it is not the DVLA's function to police PPCs and the complaint has been forwarded to BPA Ltd, a further complaint should be submitted emphasising that the original complaint had nothing to do with BPA Ltd, and it did not ask the DVLA to police or regulate PPCs. Rather, it informed DVLA of a breach of the KADOE contract to which DVLA is a party, and you want to know what DVLA is going to do about it.

Further brush-offs or prevarication from DVLA should be the subject of complaint to your MP, and to the ICO on the grounds that "Reasonable Cause" as defined in the KADOE contract implies compliance with the BPA Ltd CoP and, where appropriate, PoFA Schedule 4. And where there is not compliance, there is no "Reasonable Cause" and the DVLA is releasing data in breach of the DPA.

The ICO loves to brush-off such complaints saying that membership of an ATA is sufficient to show reasonable cause. The KADOE contract says otherwise.

The DVLA can terminate any KADOE contract by giving 28 days' notice. It can also terminate it in case of material breach - and three breaches of any kind are deemed to constitute a material breach. Well most PPCs breach it routinely and have done so hundreds, if not thousands, of times.

bod1467

DVLA will be very shy of trying to kill their revenue stream (PPC requests). That's why previous complaints have fallen on deaf ears. This approach may be more effective.

Anhunedd

Just to say I'm up for this. My case - ****://forums.moneysavingexpert.com/showthread.php?t=4880703 - has just had the DVLA mess up their release to information to me, so I'm going to pursue a formal complaint to them anyway.

This stuff just strengthens it - the PPC in my case has completely ignored POFA, so I can now quote the KADOE contract too.

Thanks!

HO87

So, as I see it then, two complaints. One to the DVLA alleging a breach of KADOE (e.g. by virtue of a breach of both the BPA AOS CoP and, say, failing to abide by the DCG's) and the second complaint to the BPA alleging a breach of their CoP and a breach of the Operator's KADOE contract. Works for me.

Welsh_Exile

I think you're right, HO87, something to add to all the debt-collector stage cases where the keeper wants to go on the offensive and to the Letter Before Claim ones as well.

The_Slithy_Tove

Post Deleted

4consumerrights

Breach of the BPA's COP and thereby unlawful access to the DVLA database is currently part of a defence for a live court case - which should be interesting.

The_Slithy_Tove

I would wager that every single fake PCN issued in Scotland or Northern Ireland breaches the contract and is therefore unlawful.

C2.1. Where the Customer is seeking to recover payment relating to parking on private land in Scotland or Northern Ireland, the Customer shall include in its first written correspondence with the registered keeper of the vehicle:
a) a statement of the Reasonable Cause under which the subject’s Data was provided to the Customer by the DVLA;
b) a statement as to whether the Customer’s right to seek payment of the parking charge for unauthorised parking of the vehicle on the land on the relevant date is as owner of the land, on the basis of a contractual right to occupy or to have possession of the land, or acting as agent of the landowner;
c) an explanation that the Data was provided to the Customer to enable the Customer to identify the driver of the vehicle on the relevant date and to seek payment by the driver of the unpaid parking charges;
d) details of the complaints procedures by which a Data Subject can notify the DVLA and the Information Commissioner if they believe their datahas been used inappropriately.

(b) is deliberately obfuscsated by most PPCs, so it's never clear what their actual status is - they seem coy about admitting they are but mere "agents".


I have never seen an example of (d): how to complain to DVLA.


Since PPCs tend not to know the difference between England and Scotland, it's no surprise their fake PCNs are the same for all, and thus fall foul of these clauses.


I wonder why these only apply to Scotland & NI anyway. I'd have thought English and Welsh charge recipients ought to have the same safeguards.

bod1467

Probably because POFA includes separate requirements? (Yes, I know some PPCs don't follow POFA but the DVLA contract will be setup according to POFA).

bazster

Very good point TST, I don't see that POFA is a reason why these same clauses should not operate in England/Wales, so why don't they?

Nodding_Donkey

So if KADOE says:


B2.1. The DVLA shall provide each requested item of Data to the Customer
via the KADOE Service for the Reasonable Cause of enabling the
Customer to:
a) seek recovery of unpaid Parking Charges in accordance with the
Accredited Trade Association Code of Practice, and using the
procedure in Schedule 4 to the Protection of Freedoms Act 2012
(where the vehicle was parked on private land in England or Wales on
a particular date); and


and the BPA code says:



19.5 If the parking charge that the driver is being asked to
pay is for a breach of contract or act of trespass, this
charge must be based on the genuine pre-estimate of
loss that you suffer. We would not expect this amount
to be more than £100. If the charge is more than this,
operators must be able to justify the amount in advance.


And the PPC loses at POPLA on the basis of gpeol then a complaint could be made to the DVLA that the PPC had breached the KADOE contract?