DVLA MISUSE OF PERSONAL DATA UNDER GDPR - GROUP ACTION - NO WIN, NO FEE

Cardriver45

This was the latest email I received

We write with an update in relation to your Dvla data breach claim. 

  

We have issued letters of claim on a sample of test cases.

To date we have only received holding responses rather than substantive responses as required under the Pre-Action Protocol for Media and Communications.

We are now in the process of securing After The Event (ATE) insurance by the end of the month as we start to prepare for a large action.

Once the ATE is in place we will issue proceedings.

We will agree litigation management agreement (LMA) which all claimants will need to sign. This authorising the cohort of claimants, amongst other things, to appoint a litigation management committee. This is standard in mass litigation since it is impractical to obtain instructions from numbers of individual throughout the case. Under the terms of the LMA a committee of 5 will be appointed to act on behalf of the group.

 

We will contact you again once our insurance is in place and we are ready to issue.  

Cardriver45

I've just received another update. I just thought that is it ok for me to post them on here, or could that jepodise the case?

Umkomaas

Cardriver45 said:

I've just received another update. I just thought that is it ok for me to post them on here, or could that jepodise the case?

Unless we know what it says, how can we tell?  I'm sure there's nothing you've had that no one else will have had. If it was to be treated as 'top secret', I'm sure your letter will have indicated that somewhere within it. 

Trainerman

Cardriver45 said:

I've just received another update. I just thought that is it ok for me to post them on here, or could that jepodise the case?

Me too. Probably the same newsletter type of communication

Umkomaas

Still none the wiser 😄

bergkamp

Umkomaas said:

Still none the wiser 😄

Here is the monthly update:

We write with an update in relation to your Dvla data breach claim.  

   

This week we received the first draft letter of claim from counsel.

Currently, we are amending the letter of claim by adding additional breaches and failings in respect of "bad processing" by the DVLA. These will be incorporated within the original letter of claim for "unlawful processing".

"Bad processing" claims are where individuals have received carparking notices, tickets, fines, court summons or judgments in error. In these circumstances, the DVLA has sent the wrong registered keeper's details to the carparking company who in turn take action against an innocent party.

Due to the additional work involved in amending the letter of claim, we aim to finalise and send this to the DVLA next month.

Now we will also start claims against carparking companies. You will recall in one of our previous group updates that we wanted to delay starting "carparking claims" until we had prepared the main claim against the DVLA. We will write to you separately about "carparking claims" shortly.

Finally, we politely remind you that we cannot respond to each and every individual enquiry given the size of this claimant cohort. We will communicate with you by:-

1. Providing you with a monthly update.
2. Providing you with answers to Frequently Asked Questions at key stages of the litigation process.
3. Appointing a committee to take advice and provide instructions to this firm on behalf of the group.

 

Voyeurmse

Received the update too, however... ‘Private & Confidential’ makes me uncomfortable about sharing anything but basics on here for now. 

holderness

The DVLA seem to put the onus on the ATA to regulate its members. The BPA meanwhile dont seem too concerned about doing so. In my ongoing case the parking company who issued a PCN to me without a written landowner contract has an 'approved BPA member' badge on his sign but pays another BPA  parking company to get the keeper details for them. What kind of regulation is that? 

I've got ongoing complaints with the BPA about both parking companies and with the DVLA about the BPA but I don't have much faith in them upsetting the gravy train. The next step once I have the positions of the BPA and DVLA is my MP and the ICO 

Fruitcake

Voyeurmse said:

Received the update too, however... ‘Private & Confidential’ makes me uncomfortable about sharing anything but basics on here for now. 

My interpretation is that the information is meant for you and only you, to do with as you see fit. What you do with your information is up to you, unless there is something telling you that you are not allowed to share it.

Other interpretations and opinions are available.

Half_way

holderness said:

The DVLA seem to put the onus on the ATA to regulate its members. The BPA meanwhile dont seem too concerned about doing so. In my ongoing case the parking company who issued a PCN to me without a written landowner contract has an 'approved BPA member' badge on his sign but pays another BPA  parking company to get the keeper details for them. What kind of regulation is that? 

I've got ongoing complaints with the BPA about both parking companies and with the DVLA about the BPA but I don't have much faith in them upsetting the gravy train. The next step once I have the positions of the BPA and DVLA is my MP and the ICO 

Perhaps each complaint to the BPA, or the IAS where there has been ( yet another) breach of the relevant CoP should demand that they - the BPA/IAS as regulators take action against the errant parking company . I have seen it on other parking forums/sites where there is a belief that the BPA are regulators and as such the PPCs are not "un regulated" and claiming they are un regulated is a false claim