Notification of Legal Proceedings Received

waamo

Send a SAR and check they received the drivers name and address. If they did they have a hurdle to jump that may help you.

If they didn't get it then you have a call to make. Drop the driver in it or attempt to defend yourself. The odds of successfully defending it are probably pretty low.

illgetthroughthis

Hi

The letter has been sent to myself and I am the registered keeper.

The driver is my husband so I have seen all the e-mails he has sent.

In his appeal letter, he gave his name, address, email and confirmed he was the driver. I have all the correspondence between him and the PPC.

Fruitcake

Ask the DVLA as keeper in writing who accessed you personal data and when. State that you believe this this service is free.

If it was after the driver's details were given to the scammers then complain to the DVLA and ICO that your personal data was accessed without a justifiable reason, which is a breach of the scammer's KADOE agreement with the DVLA and breach of DPA/GDPR regs.

Also complain to the landowner and point out whoever employed the scammers is jointly liable for this offence and must make themselves available in court as you will be calling them as a witness in your counterclaim if this is not cancelled fifthwith.

Also complain to your MP about this unregulated scam.

Make a drop hands offer to the scammers that if they drop the charge you will drop the counterclaim.

illgetthroughthis

Hi

We did make a complaint to the DVLA and the complaint was taken up by the DFT. This was their eventual reply.

"Please find my review attached. My view is that the data release regime operated by the DVLA is a mess frankly, but not a mess of the DVLA’s creation. On this occasion, my view is that the data was released in line with standard DVLA policy."

illgetthroughthis

With regard to the landowner, he did ask them to consider removing the ticket. They said that it was a matter between him and ......

My husband completed a SAR which the landowner refused to comply with (asking for £100.00 admin and that he attend their offices with his passport).

He complained to the ICO who upheld his complaint.

Fruitcake

illgetthroughthis wrote: »

Hi

We did make a complaint to the DVLA and the complaint was taken up by the DFT. This was their eventual reply.

"Please find my review attached. My view is that the data release regime operated by the DVLA is a mess frankly, but not a mess of the DVLA’s creation. On this occasion, my view is that the data was released in line with standard DVLA policy."

That may be so as at the time of the data release the DVLA would not have known that the scammers already had the driver's details, assuming this to be the case. Was it, as you haven't answered that particular question?

If the scammers already had the driver's identity and admission, then they had no business or right to access keeper details.

Again, if this is so, your case is not that the DVLA released the data, but the scammers asked for it when they had no justification. You should complain robustly about this specific and ask why the scammers haven't been investigated.

Of course, if the data was requested before the driver was identified then none of this is relevant.

illgetthroughthis

The PPC had the drivers serviceable address the same day the penalty notice was issued. The application to the DVLA was made after the date the PPC had the drivers address.

I have evidence to prove this.

Fruitcake

illgetthroughthis wrote: »

The PPC had the drivers serviceable address the same day the penalty notice was issued. The application to the DVLA was made after the date the PPC had the drivers address.

I have evidence to prove this.

Good. Now get complaining.

By the way, it's an invoice or charge, not a penalty. If it does get to court you need to use the correct terminology.

illgetthroughthis

Complain to who? I've already complained to the DVLA.

Does the fact that they had the drivers address affect the PPC's ability to take me to court as the owner of the vehicle?

Thank you

Fruitcake

illgetthroughthis wrote: »

Complain to who? I've already complained to the DVLA.

Does the fact that they had the drivers address affect the PPC's ability to take me to court as the owner of the vehicle?

Thank you

Complain to the DVLA, ICO, DFT, and your MP. You are not complaining that the DVLA released your data, but that the scammers already knew the identity of the driver and therefore had no right to access your personal data.
You need to get stuck into the PoFA 2012.
Where the identity of the driver is known, the keeper is not liable. Since the scammers knew the identity of the driver they had no justifiable reason to request the keeper's data from the DVLA.

You need to hammer this home in your complaints with copies of the correspondance. You also need to state in your robust response to the scammers that since they had no justifiable reason to request keeper details after the driver had been identified and admitted being the driver, you will be making a counterclaim for a DPA/GDPR breach. Then make a drop hands offer as I have already explained.

You also need to inform the court if/when the official court papers arrive to explain why you are not liable and request the claim to be struck out.

By the way, it is keeper not owner who is involved. The DVLA do not hold owner data, only that of the keeper.