DVLA, PPC's and the KADOE contract

Bender000

Heres something Ive put together based on comments ive read in the forum. hopefully may be of use to someone...




re PCN number XXXXXXXXXX, Excel Parking

I am writing to complain about Excel Parking. When emailed with a request to supply a POPLA number they responded with:



If you have not already done so, please forward the following information as a matter of urgency, as we are unable to process your appeal/challenge without it:

1)The PARKING NOTICE SERIAL NUMBER This can be found in the top right hand corner of the Notice and will be prefixed, SERIAL No. XL/____________.

2)A FULL POSTAL ADDRESS that we can correspond with, as all decisions are conveyed in a letter to the motorist.

3)The FULL NAME of the motorist.




As I understand it, the British Parking Association has a Code of Practice which clearly states:



the following practices may be considered as Code breaches and must not be continued:
• Asking the motorist to enter into additional correspondence to obtain a POPLA code
• Failing to include a correct and/or valid POPLA Code within the Rejection correspondence
• Issuing a POPLA Code with a date identifier which is significantly different from the date of rejection
• Appearing to indicate that the issue of a POPLA Code is conditional on driver details being supplied “
The breach of this code is a breach of the KADOE (Keeper of a Vehicle at the Date of an Event using an Electronic Service) contract.

This complaint is a complaint about a breach of the KADOE contract, this is in the DVLA’s remit and as such it must be dealt with by DVLA and not by a third party.


This matter has been escalated to the CCR team because I have no confidence in the data release team to take such a complaint seriously as it's in the public domain that they have dismissed these issues far too many times recently without so much as even supplying a copy of the DVLA complaints procedure leaflet.


If my complaint is not resolved properly my intention is to involve my MP and to refer the issue to the Parliamentary and Health Service Ombudsman.


To summarise, my complaint is specifically about Excel Parking breaching the KADOE contract. I know it is not your responsibility to monitor parking companies and nor am I asking you to do so. Rather, I am informing the DVLA of a breach of the KADOE contract to which the DVLA is a party, and I would like to know what action the DVLA is going take.


Yours faithfully

peters56

4consumerrights wrote: »

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.

Super-duper!

peters56

Dear Sirs

CP Plus (a private parking enforcement company) have recently written to me as registered keeper of a vehicle registration mark Jnn Txx alleging infringement of parking contracts at a motorway service area. I should like to know on what grounds you (DVLA) have furnished CP Plus with my details. CP Plus allege breach of parking contract on 29/07/2014 yet their "Notice to Keeper" (NtK) is dated 10/09/2014. Under the requirements of the Protection of Freedoms Act 2012 (POFA), there are no grounds for issuing an NtK after 14 days have elapsed and no "Notice to Driver" (NtD) has been served (POFA para 9(5)).

I should like to draw your attention to the following section of the KADOE contract:

"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."

I consider CP Plus to be in breach of the KADOE contract with DVLA and I consider DVLA to be in breach of the Data Protection Act in supplying my name and address details to CP Plus. I reserve the right to take matters further should your response not be satisfactory to me.

I look forward to hearing from you at your earliest convenience.

Yours faithfully

ampersand

Suggest 'Reg.No', ungarnished, and date removal, op:-)

Be as obscure here as the scumpany is with compliance.

peters56

Got a response from DVLA which says in part:

"Dear Mr Xxxxxx

Thank you for your email dated 18th September regarding CP Plus.

The KAODE contract was produced shortly after the introduction of the Protection of Freedoms Act, and did not account for the fact that landowners are still eligible to pursue unpaid parking charges outside the provisions of PoFA where they are not able to, or do not wish to utilise the keeper liability provisions with the Act.

The option remains for the landowner (or the operator acting on their behalf where authorised) to pursue the unpaid charges in Court.

Therefore, the Agency's policy is that requests for vehicle keeper data can be processed where reasonable cause can be demonstrated in line with Regulation 27(1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002.

DVLA is in the process of reviewing its contracts in order to make clear that requests for PoFA and for non-PoFA purposes are both permitted subject to reasonable cause.

I hope this answers your complaint, but should you require any further information please don't hesitate to contact me.

Kind Regards

Liz

Elizabeth Yyyyyyy
Data Customer Assurance & Compliance Manager Data Sharing Team Strategy, Policy and Communications Directorate | D16 | DVLA | Swansea | SA99 1DY
Twitter: @dvlagovuk
..."

bod1467

Utter BS, and typical weasel-words from DVLA.

Guys_Dad

peters56 wrote: »

Got a response from DVLA which says in part:

"Dear Mr Xxxxxx

Thank you for your email dated 18th September regarding CP Plus.

The KAODE contract was produced shortly after the introduction of the Protection of Freedoms Act, and did not account for the fact that landowners are still eligible to pursue unpaid parking charges outside the provisions of PoFA where they are not able to, or do not wish to utilise the keeper liability provisions with the Act.

The option remains for the landowner (or the operator acting on their behalf where authorised) to pursue the unpaid charges in Court.

Therefore, the Agency's policy is that requests for vehicle keeper data can be processed where reasonable cause can be demonstrated in line with Regulation 27(1)(e) of the Road Vehicles (Registration and Licensing) Regulations 2002.

DVLA is in the process of reviewing its contracts in order to make clear that requests for PoFA and for non-PoFA purposes are both permitted subject to reasonable cause.

I hope this answers your complaint, but should you require any further information please don't hesitate to contact me.

Kind Regards

Liz

Elizabeth Yyyyyyy
Data Customer Assurance & Compliance Manager Data Sharing Team Strategy, Policy and Communications Directorate | D16 | DVLA | Swansea | SA99 1DY
Twitter: @dvlagovuk
..."

In that case, any application for information should clearly state whether it is a POFA applicable request or not and the DVLA should make it clear that misuse of the information will result in suspension of the PPC from the DVLA database. Example of misuse would be requesting driver details with the "Not POFA" box ticked and then trying to apply POFA.

Easy to add the tick box, record it and make it available to any RK under FoI or Data Protection.

bazster

You should respond pointing out that, regardless of the POFA issue, CP Plus is still in breach of the BPA AOS CoP, and any breach of the CoP is a breach of the KADOE contract.

Ask them (i) what they intend to do about that breach (ii) whether any revised KADOE contract will still require compliance with the CoP and (iii) whether DVLA will continue to ignore the routine and flagrant breaches of the CoP (and hence the KADOE contract) by most or all PPC's.

gertysingh

peters56 wrote: »

The KAODE contract was produced shortly after the introduction of the Protection of Freedoms Act, and did not account for the fact that landowners are still eligible to pursue unpaid parking charges outside the provisions of PoFA where they are not able to, or do not wish to utilise the keeper liability provisions with the Act.
..."

DVLA made an agreement and now wants to change their agreement? Seems the DVLA are in breach!