DVLA, PPC's and the KADOE contract

Welsh_Exile

Nodding_Donkey wrote: »

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?

Yes! - your logic is impeccable.
Of course, we know that every PPC claim breaches that contract but having POPLA, the fig leaf set up by the BPA which is a trade association for the PPCs, say so would be quite hard for the DVLA to ignore. A second level of irony is that PPCs might find out that actually breaching a real contract has consequences.

Nodding_Donkey

Welsh_Exile wrote: »

Yes! - your logic is impeccable.

What's worrying me is that after only a few days of reading this forum I am (almost) starting to look forward to getting a ticket

bazster

Nodding_Donkey wrote: »

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?

Yes, with knobs on. Hence my comment that most (all?) PPC's breach the KADOE contract routinely.

IamNotAllowedToUseMyName

bazster wrote: »

Yes, with knobs on. Hence my comment that most (all?) PPC's breach the KADOE contract routinely.

The thing that bugs me is that there is now ample evidence that the issuers of these tickets are well aware that the information they are sending out is based on several falsehoods, the easiest one to show perhaps is that they know they cannot justify the charges as damages (especially if they went to the appeals seminar). To seek financial gain from a falsehood is fraud - Fraud Act 2002 where it is the attempt, not the ability to succeed. Surely the time has come for a criminal action against these people?

bazster

On the subject of the law, there is also the question of the definition of "parking charge" in POFA 2012 Schedule 4:

“parking charge”—
(a)in the case of a relevant obligation arising under the terms of a relevant contract, means a sum in the nature of a fee or charge, and
(b)in the case of a relevant obligation arising as a result of a trespass or other tort, means a sum in the nature of damages

So, it covers damages arising from trespass, and it covers parking fees and charges, but what about damages arising from breach of contract? Missing!

This is further emphasised if you read the definition of "relevant obligation":

“relevant obligation” means—
(a)an obligation arising under the terms of a relevant contract;

Well, damages don't arise under the terms of a contract, they arise as a result of breaching those terms.

So, damages arising from breach of contract = no keeper liability (and a clear breach of the KADOE contract to boot).

bargepole

The DVLA are well aware, through numerous complaints and reams of evidence presented to them, that most if not all PPCs are breaching the BPA Ltd CoP and their KADOE contracts on a daily basis.

They choose to hide behind the AOS scheme, and Regulation 27 "reasonable cause" as it suits their purposes, not to mention the fact that PE are currently making around 800,000 KADOE requests annually, which at £2.50 at pop results in a £2m contribution to the DVLA budget.

If we go back a few years, a similar situation existed regarding private clamping. Despite mounting evidence of malpractice, the government and other authorities tried to regulate clamping through SIA licences and membership of the BPA, trotting out the mantra of landowners having the right to protect their land whenever they were challenged. The previous government even held a public consultation on the issue, giving a range of options which did not include banning clamping. Despite that, the majority of respondents to the consultation paper said that a total ban was the best option.

Then, they had their "Betty moment" when Ms Boothroyd was clamped, and the tide turned in the opposite direction. The incoming Coalition were set on a course of banning clamping, and no amount of lobbying by Patrick Troy, private landowners and other interested parties could sway them, resulting in the enactment of the clauses in PoFA 2012.

It will take a lot more complaints and evidence to be presented to the DVLA, the DfT and MPs, but the greed of most of the PPCs could yet see a U turn in official thinking.

bazster

I quite agree and certainly didn't intend to suggest that one complaint would shock them into action, it's a numbers game. And people really need to escalate DVLA brush-offs to their MP. There's an election not far off!

Coupon-mad

I will add a link to this very useful summary thread to the NEWBIES sticky under 'debt collection' although it is also relevant for any case where pretty much any POPLA appeal is upheld (since they usually win on no GPEOL, no contract or no clear signage).

Dog_Meadow

Coupon-Mad or anyone else - is there a letter that we mere mortals can copy and paste and send to the DVLA to up the pressure?

I am so chuffed to have won the appeal and I feel ParkingEye are pirates that consume not only money, but such a lot of unnecessary time.
I really begrudged going through that whole process and it was such a vile intrusion into my life, based upon what exactly..? There is so much more important stuff in life and PE robbed me of quite a lot of it, for 5 months!

So I'd love to help contribute to DVLA making changes on these legislations, or whatever it is.

Coupon-mad

I'm at work and skim-reading in my lunch hour but one of the other regulars may be able to dig out the wording suggested by Nev Metson. He is the 'King of complaints to the DVLA about PPC World' and has posted on pepipoo about what to send.