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Almost Imminent Court Case pending with VCS

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Comments

  • Loum5
    Loum5 Posts: 46 Forumite
    Coupon-mad wrote: »
    You can get costs n small claims. Stupid Judge. Which court?

    WELL DONE ON YOUR WIN!

    Thank you :) It was Leeds Combined Court - She was a dragon!!! :eek:
  • Fruitcake wrote: »
    I don't think it will hurt to tell the DVLA the identity of the person whose documents you have received as they will need to see the evidence for themselves in order to take action.

    Do make issue that VCS and Excel are different companies according to Companies House to imply that this is not just a simple KADOE breach by the scammers, but a DPA/GDPR breach between the companies themselves.
    My understanding is that VCS and Excel are different legal entities (different company registration numbers) but are related companies, one being owned by the other.

    Of course, I could be wrong, that does happen :)
  • Loum5
    Loum5 Posts: 46 Forumite
    edited 6 January 2020 at 4:45PM
    Fruitcake wrote: »
    Well done on your win. What a shame the judge doesn't know what she is talking about with regards to costs.

    How are you getting on with the data breach complaint to the DPA and SAR complaint to the ICO?

    I needed to take a break from all this over holiday period, but I got an email response back from DVLA re my KADOE breach complaint - be warned....not an exciting read:

    Dear Miss XXX
    Thank you for your complaint
    The DVLA takes the protection and security of its data very seriously and has procedures in place to ensure data is disclosed only where it is lawful and fair to do so and where the provisions of Data Protection Law are met. The DVLA provides vehicle keeper details as a first point of contact to allow the driver to be identified.

    DVLA cannot regulate private car parking companies and is therefore unable to intervene or arbitrate in any disputes between two parties. However DVLA has been in correspondence with Vehicle Control Services Ltd who advised the following:

    We have recently been made aware of the incident you refer to below. We are investigating how this has
    occurred and have notified the affected party that her data has been disclosed to a third party. Initial
    investigations would suggest that there has been an isolated issue in the scanning system that produced our
    court evidence bundles. In order to prevent recurrences we have introduced a second level of checks when
    scanning our court bundles.

    DVLA requires private car parking operators to be members of a relevant ATA before providing vehicle keeper information. ATA membership helps to ensure parking companies operate within a code of practice and it is clearly in everyone’s interest for the ATAs to make sure that its members comply with the code. But we know that operators do make errors, some of which represent shortfalls in compliance with their code of practice. DVLA takes such matters seriously and looks to the ATA’s to monitor adherence to the code of practice and explore and address non-compliance when it arises.

    The company in question, Vehicle Control Services Ltd, is a member of the International Parking Community Ltd (IPC) which is an Accredited Trade Association for the parking industry. The IPC’s code of practice is published on its website at https://www.theipc.info under the heading Accredited Operators Scheme. If a member of this AOS does not comply with the code of practice, it may be suspended or expelled, during which time no data will be provided to it by the DVLA. If you feel that any of the practices used by the company do not comply with the IPC’s code of practice, you may wish to contact the IPC at P O Box 431, Knutsford, WA16 1EP.

    I trust I have explained matters but, if you remain unhappy with the service you have received, you can write to our
    Complaints Team and I have provided a link to our complaints procedure leaflet for your reference.
    https://www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency/about/complaints-procedure


    I will chase with the ICO in the next couple of days and update as and when I hear anything.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    there seems to be quite a few VCS data breaches currently on the go on here, where they are either with the ICO or need reporting to the ICO, LOOKS LIKE A SYSTEMIC FAILURE OF THE GDPR TO ME
  • Umkomaas
    Umkomaas Posts: 43,317 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you feel that any of the practices used by the company do not comply with the IPC’s code of practice, you may wish to contact the IPC at P O Box 431, Knutsford, WA16 1EP.
    Why aren't the DVLA referring this case to the IPC?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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