SAR request - when/how

richy4

My county claim form from Gladstones came through today!

I will start a separate thread once I've gone through some of the motions and done some further reading.

In the meantime, in order to get some details out of the DVLA, do I have to formally write to them and request this as a SAR? And how much is their admin fee?

Timothea

Email [EMAIL="SubjectAccess.Requests@dvla.gsi.gov.uk"]SubjectAccess.Requests@dvla.gsi.gov.uk[/EMAIL] and complain that you believe your personal details were accessed without reasonable cause. Give them your name, registered address, VRN and date range. It should be free. [EMAIL="SubjectAccess.Requests@dvla.gsi.gov.uk"]
[/EMAIL]

Umkomaas

richy4 wrote: »

And do any of you guys know if the parking company/Gladstones access or request the Keepers details just once from the DVLA or does it happen multiple times across the process? So obviously they initially access it when sending the notice to keeper, do they have to re-access it every time or upon the initial access they store it and keep it as they pursue the case?

In addition to the above, would Gladstones have accessed the DVLA data themselves with their own request or simply passed it by the parking company. Could be issues here of data transfer/security between known dodgy companies?

Should be just the one time - at the NtK point. Gladstones wouldn't ordinarily be accessing your details from the DVLA, it would have received them from the PPC.

Timothea

The PPC can pass your personal details to debt collectors and solicitors acting for them (subcontractors). However, they must not pass your personal details to anyone else without your consent (such as MIL Collections). This is a fundamental principle of the Data Protection Act 1998, and it does not matter from where the PPC obtained your details.

If the PPC obtains your personal details from a third party (e.g. DVLA) then it must have reasonable cause to do so, and for a specific purpose. For the PPC, reasonable cause and the allowed purpose are defined by DVLA's KADOE contract (or V888/3 form) and by its ATA's Code of Practice.

richy4

Thank you for the extra info Timothea, that's good to know.

So what should I look out for in the reply from the DVLA? What sort of reasons do the parking companies commonly provide to the DVLA for keeper data?

I've emailed the address provided and looking forward to a reply.

Umkomaas

richy4 wrote: »

Thank you for the extra info Timothea, that's good to know.

So what should I look out for in the reply from the DVLA? What sort of reasons do the parking companies commonly provide to the DVLA for keeper data?

I've emailed the address provided and looking forward to a reply.

If I were you, I wouldn't anticipate anything helpful from the DVLA, then you won't be 'looking out' for anything in their reply. No anticipation, no disappointment.

The only reason a parking operator needs to provide the DVLA in order to access your data is the fact that they are a paid up member of an ATA (either the BPA or the IPC). Period.......!

richy4

However, if I win my case I fully intend to sue the parking company for breach of Data Protection Act as well as the management company for interference with my leasehold. The correspondence from the DVLA will assist in some form I'm sure when it comes to it.

Coupon-mad

Get an ICO complaint upheld first, we would advise. A silver bullet if you can get that.

Timothea

richy4 wrote: »

What sort of reasons do the parking companies commonly provide to the DVLA for keeper data?

If the PPC obtains your personal details electronically then it must do so

... for the reasonable cause of enabling the [PPC] 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).

(The above is taken from section B2.1 of DVLA's standard KADOE contract.)

In other words, the PPC can only lawfully obtain your personal details electronically from DVLA to seek recovery of unpaid Parking Charges either from the keeper (but only when using Schedule 4 of POFA 2012) or from the driver, and only in accordance with its Accredited Trade Association's Code of Practice.

That's a lot of conditions that some PPCs often ignore, which opens them up to DPA compensation claims and, in theory, criminal prosecution. (I wish!)

If the PPC obtains your personal details from DVLA using form V888/3 then the PPC can provide its own reason for obtaining your personal details. DVLA should check that this constitutes reasonable cause. These are the checks that DVLA are supposed to undertake:

• Check that the enquiry has been submitted on the correct form
• Check that the reason for the enquiry is valid
• Check that a valid date of event has been supplied. It should be noted that VRE do not deal with casework from car parking companies where the date of event is over 6 months
• Check that the correct fee has been supplied
• Check that the V888/3 and fee have both been signed, we cannot accept p.p. signatures
• Check that the position in company has been completed
• Check that the correct supporting documents have been supplied
• Check that the address is valid
• Check the VRN is valid
• Check the make and model match our records (If they have quoted the VRN on the supporting doc but not on the form we cannot accept the application and it should be rejected)
• Check that the company applying are registered on the BPA or IPC web-site
• Check that the Companies House number supplied relates to that company on the Companies House web-site www.companieshouse.gov.uk
• Check that the Data Protection Registration number supplied has not expired and relates to that company on the Information Commissioner's web-site www.ico.gov.uk

The second check listed above should be equivalent to the KADOE contract conditions.

Squirall

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