GDPR

FlyByakaPerko

Hi 
I'm new to this so be easy lol, when is comes to these private car parking companies who think it ok to scare the hell out of people and absolutely bully people in to paying charges that come through your door, when does it become a GDPR issue, when under the act of the data protection act 2018, under the section 1, its unlawful to obtain someone's personal information with out consent. Referring to the parking company and the DVLA with out consent and happy pass that on.


Also its an offence for a person to sell personal data if the person obtained the data in circumstances in which an offence under subsection 1 was committed 
which is the DVLA.

advice please, would be a massive help thank you.  

D_P_Dance

ASAIAA. PPCs are within their rights to obtain your details from the DVLA. if you park on private land under their control

This is not an "offence" it is an a claim for damages under Contract Law for an alleged breach of contract. 

Have you read the newbies?  Have you read KADOE, have you complained to your MP, have you done any meaningful research?  

Umkomaas

Done to death over years, and well before GDPR. The DVLA can lawfully release registered keepers' details where 'reasonable cause' for doing so is shown. PPCs must be a member of an ATA's (BPA or IPC) Accredited/Approved Operator Scheme (AOS) to be eligible to access DVLA data. 

If you're determined to bang your head against a brick wall, I think you should find a softer one. 😄

Coupon-mad

The DVLA has a template reply to people who complain and it hasn't changed for years.  They are responsible for a lot of misery, even worse given the fact they often know the person (data subject) whose data they are handing over has moved to a different address.  Don't get me started on that illegality (by the DVLA).

TOP_CAT

When you say the dvla know the new address ..why would they supply the incorrect address ? 
Perhaps in brief so as not to go off on a tangent .
I wouldnt  blame the OP for looking for a crack to exploit and attack in this .

Redx

The DVLA database can only be accessed once per pcn , within 6 months of the incident

It is the legal responsibility of the Keeper to keep the address correct with the DVLA , so if it's outdated , the PPC or any other authority gets the wrong details , just once !

Coupon-mad

TOP_CAT said:

When you say the dvla know the new address ..why would they supply the incorrect address ? 
Perhaps in brief so as not to go off on a tangent .
I wouldnt  blame the OP for looking for a crack to exploit and attack in this .

Not saying it's relevant to this case, but the DVLA know that thousands of people (maybe tens of thousands) in their databases have moved, because those people have sent off their Driving Licences.  Individuals are data subjects so their data should be changed in all records, but the DVLA don't and their answer is ''because the driving licence Department is separate from the V5C Department.''  Not good enough and I'd say, illegal.

We just need someone, or lots of people, to complain to the ICO about the DVLA on this particular issue.  I might start the ball rolling with my niece, who I found out last week has an old (private) PCN because she only changed her driving licence address and didn't know the V5C had to be changed separately.

The point is that the DVLA indisputably know that they are giving out incorrect addresses for people who they know have moved.  There's no other way of looking at it IMHO and that's a GDPR and DPA 2018 breach affecting lots of people, putting them at risk of CCJs (and worse if they miss hearing about a Local Authority penalty or Police speeding fine).

KeithP

TOP_CAT said:

When you say the dvla know the new address ..why would they supply the incorrect address ? 
Perhaps in brief so as not to go off on a tangent .

Apart from Redx's point, most people tend to remember to update their Driving Licence when they change address.

At the time of doing that clearly the DVLA are told that Mr Joe Bloggs has moved from address A to address B.

It should be reasonably straightforward for any 'organised' organisation to change Joe Bloggs address on every record that they keep.
Indeed, it is an obligation under the Data Protection Act 2018 that organisations must maintain accurate data. Clearly the DVLA is failing in that responsibility.

Or to put it another way, there should be no need for every one who changes address to tell the DVLA twice about this event - or if they have more than one vehicle, many times.

FlyByakaPerko

The point is that the DVLA indisputably know that they are giving out incorrect addresses for people who they know have moved.  There's no other way of looking at it IMHO and that's a GDPR and DPA 2018 breach affecting lots of people, putting them at risk of CCJs (and worse if they miss hearing about a Local Authority penalty or Police speeding fine). 


To add to the point above (Coupon-mad) made I hadn't changed my address on my driver license for at least 8 years I got my new one yesterday which I applied for a week ago.
I received a private land PCN on the 23/9/20 which was sent to my address which is newly update on my drivers license surely this is a breach of the data protection act, surely 

plus I have no idea where the newbies is, point in the right direction would be greatly apparated and yes I've try to understand and get my head round all this for over a week now.

fisherjim

FlyByakaPerko said:

......plus I have no idea where the newbies is, point in the right direction would be greatly apparated and yes I've try to understand and get my head round all this for over a week now.

You'll kick yourself when you find it three threads down on page one of this very forum.

Umkomaas

To add to the point above (Coupon-mad) made I hadn't changed my address on my driver license for at least 8 years I got my new one yesterday which I applied for a week ago.
I received a private land PCN on the 23/9/20 which was sent to my address which is newly update on my drivers license surely this is a breach of the data protection act, surely 

The address the DVLA provides to PPCs is that shown on the V5C (logbook), not on the driving licence.