Data Protection Act Guidance

safarmuk

I know its not a fine, you know its not a fine ... clearly they don't ... that's why I put <their word not mine>!

The main question at the moment is as my previous post regarding a hire car.

the real question is to get the data from the DVLA with regard to when the PPC asked for RK details ... who needs to ask - the hire company or the hirer AND can it be done by email?

This is the information we need right away, does anyone know the answer who needs to ask the question of DVLA and can it be done by email?

On the BVRLA blurb, yes I will get the guy to read it but right now for the discussion he is having the above is the key point.

Coupon-mad

Yes it can be done by email; but the keeper has to ask the question (lease/hire firm).

Dot2101

Just reading into this following yesterday's win, if I already gained some costs for unreasonable behaviour is it feasible to also try go down this line... I'd be interested in finding out more about this but I'd like to see how it goes for some more people before going for it (I know that's abit selfish of me)
I'm not faint hearted but at the same time I presume that let's say you did bite the bullet and take it to court, could you also risk having to pay them their costs such as holiday leave, mileage etc if you lose? If so the risk is heightened then by more than £50?

Is there a time limit on how long after the court or even after receiving a PCN that you can send something like this?

Thanks in advance

bargepole wrote: »

Exactly right, Mr TD, that is a template for people who have won their cases in court. A different version will be required for other types of cases.

But the 'less robust' type of OP is unlikely to make a suitable Claimant who is prepared to pursue a PPC all the way to court, and gamble £50 in filing and hearing fees to do so.

As I've said before, this sort of thing is not for the faint-hearted, and if you are not the sort of person who can take a hot buttered crumpet up the rear end without blubbing, you probably should not get involved in this.

safarmuk

Thanks DoaM, Pappa Golf & C_M ... I suspected it would have to be the Hire Company who sent the email. Does it go to direct to David Dunsford or first to some DVLA mailbox?

DoaM, Pappa Golf - once I am done helping this person with this first initial request (which is important for the discussion he is having) I will start looking into the BVRLA, thanks for the heads up

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/71879174#Comment_71879174

Email addy there.

safarmuk

https://forums.moneysavingexpert.com/discussion/comment/71879174#Comment_71879174

Email addy there

SubjectAccess.Requests@dvla.gsi.gov.uk - Ahhh, I knew I had seen it before but for the life of me I couldn't find that thread through the search function, must have been using the wrong words. Many thanks

Timothea

Dot2101 wrote: »

Just reading into this following yesterday's win, if I already gained some costs for unreasonable behaviour is it feasible to also try go down this line... I'd be interested in finding out more about this but I'd like to see how it goes for some more people before going for it (I know that's abit selfish of me)
I'm not faint hearted but at the same time I presume that let's say you did bite the bullet and take it to court, could you also risk having to pay them their costs such as holiday leave, mileage etc if you lose? If so the risk is heightened then by more than £50?

Is there a time limit on how long after the court or even after receiving a PCN that you can send something like this?

Thanks in advance

You will be in a strong position if you make a DPA breach claim following your successful win. Sending a Letter Before Action to the PPC and the landowner/occupier (who is jointly and severally liable for the actions of its agent) could well be enough to extract a modest sum of money from them. £250 seems to be the going rate.

However, you will need evidence in case it goes to court. In particular, you will need either an official transcript of the original judgment to show why the PPC did not have reasonable cause to request the keeper's personal information from DVLA, or be prepared to make the same arguments to another judge and hope for the same outcome. Transcripts are not cheap and must be obtained quickly, so you cannot wait for replies to your LBA.

You will also need to present evidence of the financial loss and/or distress caused to the keeper. You could point to the PPC's unreasonable behaviour, threatening correspondence or intransigence as being the source of the keeper's frustration, fear or anxiety, with evidence as to how this affected the keeper. Witness statements about changes in the keeper's behaviour or demeanour should suffice.

Finally, you will need to explain exactly how the DPA was breached by the PPC and why this entitles the keeper to damages or compensation, and support these arguments with relevant case-law.

Again, a claim of £250 may go undefended, but you could up the stakes by claiming £500, £750 or more (if you have a strong case). You will obviously get help from here if you want to do this.

If you did this and lost, you would not be able to recover the court and hearing fees and you may have to pay the defendant's reasonable travelling and other expenses (but not legal fees or the like). So, it is a risk.

In England and Wales, you have six years from the date of the event (i.e. when the keeper's personal information was requested by the PPC from DVLA) to lodge a claim with the court. It's five years in Scotland.

DoaM

https://www.dropbox.com/s/9b0iavad3aqeh28/BPA%20BVRLA%20MoU.pdf?dl=0

That's a link to the BVRLA MoU. (Hope it works).

safarmuk

https://www.dropbox.com/s/9b0iavad3aqeh28/BPA%20BVRLA%20MoU.pdf?dl=0

That's a link to the BVRLA MoU. (Hope it works).

Thanks for this - much appreciated. I notice this is for BPA members, do the IPC have something similar?

Coupon-mad

No, AFAIK the IPC have nothing similar - they just have ''geniuses'' Mr Hurley and Mr Davies. It becomes more astonishing each week that this industry is even allowed to exist.