PPC passing on keeper details to debt collectors

ParkingMad

If the PPC passes on keeper details to a debt collection company, does this constitute a breach of the KADOE contract and their ATA's Code of Practice, based on this statement from the DVLA?

DVLA Statement April 2018

The DVLA has issued a statement to the Trade Associations on the matter of Debt Assignment

You will be aware that DVLA has been considering whether to permit private parking companies passing on DVLA vehicle keeper data to third parties as part of the assignment of unpaid alleged private parking charges. The term used in this context to describe this activity is "debt assignment."

The KADOE contract does not provide for the onward disclosure of vehicle keeper data by parking companies for debt assignment, and any proposals to do so require the parking company to seek written authorisation from DVLA. However, following representations from the sector, DVLA agreed to consider its position further.

I can now advise that the Agency has concluded that it will not be changing its position on this matter. As was the case with previous requests from parking companies, DVLA will not allow vehicle keeper data originating from DVLA records to be provided to third parties as part of a debt assignment arrangement. The Agency will consider disclosure of data obtained from DVLA to third parties as part of a debt assignment arrangement as a breach of contract which could result in suspension.

British Parking Association Statement

The British Parking Association has stated they will fully support the DVLA in this matter, and that this is a serious breach which could result in the award of 10 sanction points.

12 sanction points results in an immediate ban.

The International Parking Community

The IPC have not made any public statement on this matter. However, their code of practice states
5.2 You must not pass any Personal Data to any third party company who is not a member of an Accredited Operator Scheme (or similar scheme of a different name) with an Accredited Trade Association or a firm entitled to carry on reserved legal activities
According to their sanction scheme, misuse of personal data can result in 6-12 sanction points, with a starting point of 10.
Factors indicating higher degree of harm
1. Personal Keeper’s Data compromised or
used or obtained inappropriately.

The statement above is from:

http://parking-prankster.blogspot.com/2018/04/dvla-clarify-that-parking-companies.html?m=1

The_Deep

The DVLA has issued a statement to the Trade Associations on the matter of Debt Assignment

Engaging DCAs to collect debts is not Debt Assignment. Read this

https://www.wisegeek.com/what-is-a-debt-assignment.htm

beamerguy

debt assignment arrangement

In other words, PPC's cannot sell a debt to a debt collector

For that reason alone, means that the debt collectors who select to work for PPC's are just wasting their time and as we know are complete powerless idiots

Coupon-mad

If the PPC passes on keeper details to a debt collection company, does this constitute a breach of the KADOE contract and their ATA's Code of Practice, based on this statement from the DVLA?

In a word, no.

Johno100

beamerguy wrote: »

debt assignment arrangement

In other words, PPC's cannot sell a debt to a debt collector

For that reason alone, means that the debt collectors who select to work for PPC's are just wasting their time and as we know are complete powerless idiots

But they can work on behalf of a PPC and take a cut of any monies recovered, so not wasting their time.

TruthBandit

Exactly, everyone knows about the whole buying a debt loophole now so it would be pointless to operate that way.

Coupon-mad

Everyone knows, including posters using alter egos.