IAS Appeal Dismissed VCS

arthurx1234

As i mentioned in one of my posts i complained to the DVLA
Its a standard reply basically saying "we cannot get involved, sort it out yourself"

Dear Mr xxxxx
Thank you for your email concerning the parking charge pursued by Vehicle Control Services Ltd and the issues you have raised concerning the appeal you have made.

DVLA takes very seriously its duty under the Data Protection Act to protect the privacy of the motorists whose details it holds on its record. Regulation 27 of the Road Vehicles (Registration and Licensing) Regulations 2002 allows the DVLA to release information from the vehicle register to the police, to local authorities for purposes associated with the investigation of an offence or decriminalised parking contravention, and to anyone who can demonstrate ‘reasonable cause’ to have it, including private car parking companies.

Private parking schemes operate on the basis of contract law. Motorists use the facility subject to the terms and conditions set out on signage displayed in the car park. The need to contact individuals who may have failed to comply with these conditions is, in most circumstances, considered to be a reasonable cause. Data is provided by the DVLA to enable landowners or the agents to pursue their legal rights and to address disputes between parties.

While seeking to ensure that vehicle keeper data is released only in appropriate circumstances, it is not a matter for the Agency to decide on the merits of individual cases. Disputes over the circumstances leading to an incident are matters for the parties concerned.

It is also worth noting that the DVLA does not have the statutory power regulate the practices of private car parking companies. The Agency accredits trade associations to ensure that those who request information are legitimate companies that operate within an enforceable Code of Practice. Accredited Trade Associations (ATAs) have responsibility for ensuring compliance with their code of practice so when we receive an enquiry or complaint relating to the practices of a private parking company, we pass it to the relevant ATA to investigate and inform us of the outcome. In this case, I note that both the British Parking Association(BPA) and Independent Parking Committee (IPC) have received correspondence directly in relation to various aspects of your complaint.

In your complaint, you have stated that the Independent Assessor made an incorrect assessment of your case. Unfortunately, the DVLA is not in a position to comment on the results of independent appeals, however, you may also wish to note that whilst a parking company is compelled to adhere to any decision made by an assessor at IAS, the motorist is not and may wish to pursue their case in the courts.

I trust I have clarified the Agency’s position on this matter.

Yours sincerely

[FONT=&quot]Brian Dodge[/FONT]
[FONT=&quot]Vehicle Data Customer Assurance and Compliance Practitioner[/FONT]
[FONT=&quot]Strategy and Policy Directorate (SAP)| DVLA | Swansea | SA6 7JL[/FONT]

[FONT=&quot][/FONT]
[FONT=&quot]Arthur
[/FONT]

The_Deep

I trust I have clarified the Agency’s position on this matter.

It has not and needs to go to the ICO who will again produce a load of flannel and whitewash.

Our only hope is to get the Adjudicator's decision and the DVLA reply in front of a judge. To this end we should all counsel people to appeal to IAS and, if refused, press for a court claim.

Herzlos

I'd be filing a complaint with the SRA (Solicitors Regulation Authority?) about them, with the extra point that they refuse to be named and the link to Gladstones.

The IPC have confirmed they are solicitors, so the SRA should hopefully be able to investigate.

arthurx1234

Herzlos wrote: »

I'd be filing a complaint with the SRA (Solicitors Regulation Authority?) about them, with the extra point that they refuse to be named and the link to Gladstones.

The IPC have confirmed they are solicitors, so the SRA should hopefully be able to investigate.

I have complained to the SRA
Was fobbed off the first time but have asked again for the name of the solicitor involved

Arthur

neil.net

The IAS hark on about their adjudicators being bound by a code of professional conduct (and the DVLA agree) but without know who the adjudicator actually is it might be tricky to bring a genuine complaint - you don't even know if they are a solicitor, barrister or legal executive so don't knoe which body to complain directly to. The Legal Ombudsman might be able to help, but again they might need to know who the adjudicator is.

The IAS is a private limited company, meaning the director's particulars are a matter of public record. If they themselves are legal professionals, as I suspect they are, maybe a complaint about them?

Ralph-y

I hope you let the Government know all about your opinions of the DVLA, as part of the consultation survey .....

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/418725/Parking_Discussion_Paper_FINAL.pdf

Ralph:cool:

arthurx1234

neil.net wrote: »

The IAS hark on about their adjudicators being bound by a code of professional conduct (and the DVLA agree) but without know who the adjudicator actually is it might be tricky to bring a genuine complaint - you don't even know if they are a solicitor, barrister or legal executive so don't knoe which body to complain directly to. The Legal Ombudsman might be able to help, but again they might need to know who the adjudicator is.

The IAS is a private limited company, meaning the director's particulars are a matter of public record. If they themselves are legal professionals, as I suspect they are, maybe a complaint about them?

[FONT=&quot]Below is the guff i got from the sra first time round[/FONT]
[FONT=&quot]i did inform them that as IAS will not give me the solicitors name i cannot complain about that solicitor.[/FONT]

[FONT=&quot][/FONT]
[FONT=&quot]The legal ombudman would not get involved until i had a final answer from the solicitor and as i cannot get the name of the solicitor, I am stuck[/FONT]

[FONT=&quot][/FONT]
[FONT=&quot]I will await SRA reply[/FONT]

[FONT=&quot][/FONT]
[FONT=&quot]PERHAPS WE SHOULD ALL INUNDATE SRA WITH DEMANDS FOR IAS'S SOLICITORS DETAILS???
[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]Dear xxxxxx
[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Thank you for your email of 16 April 2015.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]If you have a problem with your solicitor you may find that approaching the matter informally at first will resolve things. However, if this does not work, your solicitor should always give you information on their official complaints procedure and your right to take the complaint to the Legal Ombudsman. The Legal Ombudsman is an independent body for consumers looking to resolve complaints about the service provided by their lawyer or firm. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]You must always try complaining to your solicitor or firm first.[/FONT][FONT=&quot] In most cases you will not be able to take your complaint further—whether to the Legal Ombudsman or to us—if you have not already done so.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]If you have already complained to the solicitor or firm and they have not resolved the complaint to your satisfaction within eight weeks of your complaint, you can then take your case to the [/FONT][FONT=&quot]Legal Ombudsman[/FONT][FONT=&quot].[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The Legal Ombudsman deals with all aspects of poor service, such as[/FONT]

• [FONT=&quot]delayed or unclear communication [/FONT]
• [FONT=&quot]problems with your fees, or [/FONT]
• [FONT=&quot]loss of documents.[/FONT]

[FONT=&quot] [/FONT]
[FONT=&quot]The Legal Ombudsman can[/FONT]

• [FONT=&quot]order the lawyer or firm to apologise, [/FONT]
• [FONT=&quot]order the lawyer or firm to refund all or part of your fees [/FONT]
• [FONT=&quot]order the lawyer or firm to return your documents, and [/FONT]
• [FONT=&quot]pay compensation if you have lost out due to poor service.[/FONT]

[FONT=&quot] [/FONT]
[FONT=&quot]The Legal Ombudsman’s investigators aim to resolve cases quickly and informally by helping you and the firm or lawyer to come to an agreement. If they are unable to do that, an Ombudsman will be asked to make a decision. Those decisions are legally binding and they can enforce them through the courts if necessary.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]You can contact the Legal Ombudsman by[/FONT]
[FONT=&quot] [/FONT]

• [FONT=&quot]calling them on 0300 555 0333 [/FONT]
• [FONT=&quot]visiting the [/FONT][FONT=&quot]Legal Ombudsman website[/FONT][FONT=&quot], or [/FONT]
• [FONT=&quot]emailing them at [/FONT][EMAIL="enquiries@legalombudsman.org.uk"][FONT=&quot]enquiries@legalombudsman.org.uk[/FONT][/EMAIL][FONT=&quot].[/FONT]

[FONT=&quot] [/FONT]
[FONT=&quot]We deal with cases where firms or individuals we regulate have breached the SRA Principles and allegations of dishonesty or discrimination. You can send us a report if you have concerns about the conduct of a law firm or an individual that we regulate. [/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]To send your information to us:[/FONT]
[FONT=&quot] [/FONT]

• [FONT=&quot]Complete our [/FONT][FONT=&quot]report form[/FONT][FONT=&quot] and send it to[/FONT][FONT=&quot]
  Solicitors Regulation Authority
  The Cube
  199 Wharfside Street
  Birmingham
  B1 1RN
  or [/FONT]
• [FONT=&quot]Email us[/FONT][FONT=&quot] at [/FONT][EMAIL="report@sra.org.uk"][FONT=&quot]report@sra.org.uk[/FONT][/EMAIL][FONT=&quot]; [/FONT]

[FONT=&quot] [/FONT]

Umkomaas

Looks very much like a template stock answer, and it's pretty clear they didn't even understand the complaint. Very frustrating, but I do admire your tenacity to plough on with this.

Fergie76

arthurx1234 wrote: »

While seeking to ensure that vehicle keeper data is released only in appropriate circumstances, it is not a matter for the Agency to decide on the merits of individual cases. Disputes over the circumstances leading to an incident are matters for the parties concerned.

I fundamentally disagree with the bit I have put in bold. It should most definitely be for the DVLA to decide the merits of the case before releasing my information. I cannot agree that being a member of a private members club, run by the members for the benefit of the members, so how entitles them to my private data.

arthurx1234 wrote: »

It is also worth noting that the DVLA does not have the statutory power regulate the practices of private car parking companies. The Agency accredits trade associations to ensure that those who request information are legitimate companies that operate within an enforceable Code of Practice.

No one is asking the DVLA to regulate the Private Parking Industry, just regulate who you release my information too.

[QUOTE=arthurx1234;68331734Accredited_Trade_Associations_(ATAs)_have___responsibility_for_ensuring_compliance_with_their_code_of_practice_[FONT=&quot]
[/FONT][/QUOTE]

Which they don't, so they DVLA should strip them ATA status.

arthurx1234 wrote: »

so when we receive an enquiry or complaint relating to the practices of a private parking company, we pass it to the relevant ATA to investigate and inform us of the outcome.

But you are not complaining to the BPA, you are complaining to the DVLA so they should deal with the complaint and not pass the buck to effectively what is the body you are complaining about.

I have raised this very point with the DVLA and it seems Brian Dodge maybe wrong, or maybe it is the CEO's office just trying BS me:

In your reply below, you stated that a previous reply I have received from Brian Dodge was written by him. However I don’t believe this to be the case, as he stated to me:

This has been passed to the British Parking Association(BPA) to investigate. The BPA will be asked to provide a response and details of any actions they may pursue to the DVLA on completion of their investigation. If it is identified that data has been obtained in breach of the Data Protection Act 1998 or Regulation 27 of the Road Vehicle (Registration and Licensing) Regulations, APCOA may lose their access to DVLA data.

Unfortunately, the DVLA cannot regulate the practices of private car parking companies. The Agency accredits trade associations to ensure that those who request information are legitimate companies that operate within an enforceable Code of Practice. Accredited Trade Associations (ATAs) have responsibility for ensuring compliance with their code of practice so when we receive an enquiry or complaint relating to the practices of a private parking company, we pass it to the relevant ATA to investigate and inform us of the outcome.

When I write to the DVLA to make a complaint, I would expect the DVLA to instigate their own investigation and not farm it out to a Trade Members Association, who’s only interest is their members. Can you please tell me why the DVLA do not carry out their own investigations?

Also, in light of the above statement from Brian Dodge, this email I have I have received from the BPA, makes that above statement even more alarming:

I have again chased APCOA, on a much firmer footing, for an answer to my enquiries also stating that are taking much longer to reply than expected.

As you know we are a membership organisation and not a regulatory authority and there is a potential breach of our code of practice here which needs to be resolved.

The trouble we sometimes have, if I’m honest, in not being regulatory is that we do not always get the urgent responses some complaints desire which can be/ is frustrating.

I expect to get a reply in the next few days or I will progress this further with them and I do agree with you about it taking too long.

Be assured we are taking this seriously as a trade association and I will be in touch as soon as I have some progress.

So we have Brian Dodge saying that you can’t regulate Private Parking Firms and the BPA saying the same as they are not a regulatory body. So how exactly does the DVLA ensure compliance the KADOE contract?

I suggest its DVLA’s responsibility to ensure compliance not the BPA’s, as you are the Data Owners and it is you that breaches the Data Protection Act, by giving these companies unrestricted access to the DVLA data.

CEO's Office reply - Regarding your email below, DVLA carry out their own investigations on receipt of a complaint. Part of this involves contacting the relevant Accredited Trade Association to seek their views and to ask them to carry out an investigation into any alleged code breaches.

DVLA currently carry out annual remote audits on all organisations who have electronic access to DVLA keeper data and bi annual visits to all parking organisations to ensure assurance and compliance with DVLA contracts.

I hope this explains the Agency’s position in regards to this matter.

arthurx1234

[FONT=&quot]Wrote back to dvla asking them to investigate further[/FONT]
[FONT=&quot]below is the response[/FONT]
[FONT=&quot]DVLA = What a waste of time complaining to them

[FONT=&quot](will post later when i get a response from SRA as i have dem[FONT=&quot]anded the name of the solicitors used by IAS) not too hopeful but you have got to try[/FONT][/FONT]
[/FONT]


[FONT=&quot]
[/FONT]
[FONT=&quot]Dear xxxxx
[/FONT]

[FONT=&quot]The DVLA has requested a copy of the response issued by ATA once they have dealt with your complaint.[/FONT]

[FONT=&quot]Kind regards[/FONT]

[FONT=&quot]Brian Dodge[/FONT]
[FONT=&quot]Vehicle Data Customer Assurance and Compliance Practitioner[/FONT]
[FONT=&quot]Strategy and Policy Directorate (SAP)| DVLA | Swansea | SA6 7JL[/FONT]