Does DVLA ensure motorists are treated fairly or are they negligent?

Nellymoser

I know regulars are very busy advising on posted PCN issues and motorists are occupied with advice given but if anyone has time or cares to give their opinion on my DVLA FOI reply it would be appreciated. I'm beginning to feel DVLA contributes to the poor standard of practice the private parking industry delivers to motorists. 

I'd requested

• Details on how DVLA monitors and evaluates the effectiveness and performance of the Accredited Trade Associations.

• Supply copies of DVLA's records containing information on the British Parking Association's effectiveness and performance as an ATA during Jan 2020 - Jan 2023. (Only ATA standards which relate to fair treatment of the motorist and their complaints required).

Their reply was quite astounding "The DVLA does not hold recorded information falling within the scope of this request". Oh dear that's a very poor standard of record keeping from the DVLA.

They did go on to advise outside the provisions of the FOIA that

• DVLA remains in regular contact with the ATAs to help monitor their effectiveness in ensuring private parking companies adhere to the relevant code of practice.

• If an issue arises involving one of their members DVLA expects the matter to be dealt with appropriately by the relevant ATA.  (expects !!!)

• The DVLA would take necessary action should it be seen that the ATA is not fulfilling it's role. 

The above actions are unlikely to enable the DVLA to see if ATAs are fulfilling their agreed role and their chosen methods of monitoring could only be seen as unfit to determine ATA's effectiveness and how they treat motorists and their complaints.

I accept the DVLA has been given a legal power to share motorists personal information but they are acting very irresponsibly by passing keeper details to ATA members who trade unfairly and deliver sharp practices to motorists. The reason these appalling practices continue is because ATA's fail to adhere to the DVLA agreement and are not fulfilling their agreed role.

DVLA's failure to determine this by appropriate monitoring methods and record keeping surely leaves them open to accusations of professional misconduct and negligence.

I've asked DVLA to re-consider their FOI response to my request for these reasons and included some detail of my PCN journey and BPA complaint. The reply can take up to 40 days (16th Aug)

Coupon-mad...great to hear individual campaigners sit on Private Parking Code of Practice Government Steering Group your commitment and achievements will be appreciated by many. I presume DVLA were represented on this group (I know what's said in group meetings stays within the group) but were DVLA sitting with fingers in their ears during the meetings or am I reading them wrong?

Coupon-mad

The Code is really nothing to do with the DVLA or Dept for Transport, thank the Lord!

This demonstrates very well, one of the reasons why the new regime is needed and why it's not the baby of the DfT; private parking was taken away from them years ago to align it with High Street & housing concerns.

From 2024, APAs (used to be ATAs) will have proper scrutiny and separate Conformity Assessment bodies to oversee AOS compliance with the statutory CoP.

I'm not surprised to see that dreadful response from the DVLA.  We know they treat the BPA like old mates and meet every week.

Anything I've ever complained about to the DVLA has been met with what comes across as frosty anger.  They don't seem to like me much.  The last good guy they had IMHO was David Dunford (a decade ago) who had a far better handle on the scam operated by most PPCs than anyone there now that I know of.

pinkelephant12

I successfully sued a parking company for breaches of data protection law.

The BPA decided it would be wrong to punish the parking company for breaking the law and the Code of Practice.

The DVLA knows:

-       The parking company applied for my details knowing that they did not have ‘reasonable cause’

-       The parking company breached the terms of the KADOE contract

-       The parking company breached the BPA’s Code of Practice

-       When DVLA ‘investigated’ (one email), the parking company lied to them (and I can prove it)

-       The police have been involved

To the best of my knowledge, the DVLA has never taken any action against the parking company.  

I doubt if your FOI request will get any other information from the DVLA because they don’t appear to do anything meaningful to monitor ATAs.  

With the current system, what incentive would the DVLA have to stop the money pouring in from parking companies which pay for our data?

Umkomaas

I'm not sure the £25 million they take from PPCs for our data would stretch to doing a bit of monitoring and evaluation! 🫣

patient_dream

The trouble is that when ATA's like the BPA and IPC were set up years ago, the DVLA has fallen short in keeping up to date with how the ATA's act now ....... The BPA in particular is now run by their members which in turn means that the BPA is now the biggest scam club in the UK

The IPC is just a huge joke and not fit to be called an ATA

The DVLA need to turn up the volume on their hearing aids and take off their blinkered glasses

Nellymoser

Thank you for responding. Maybe I'll need to sue DVLA ! Like the angry appellant who seemingly sued POPLA (trustpilot review). It's unbelievable the BPA and DVLA did/do not action or sanction PPC's breaches when they advocate motorists alleged breach of PPC's contract are penalised with a high monetary charge.

You can tell from reading the many past DVLA FOI requests they did seem to demonstrate more of an interest in trying to ensure motorists were treated fairly than they do now. There is a DVLA FOI response due soon to an online request for copies of correspondence between DVLA and BPA since May 2020 so we'll see what info is revealed while I await mine.

I now understand the new code's content is not relevant to DVLA and their current agreement with ATAs will become obsolete with the implementation of new code. Scrutiny will be the key to the new code's success l hope the services responsible will be more effective than what's presently provided.

Don't know if anyone read the ICO's Opinion re DVLA release of personal data. I did but admit I didn't notice the ICO uses the word 'fines' throughout the document to describe money demanded by PPC's for alleged breaches of contract. ICO have been asked under FOI Act to explain why 'fine' was used rather than 'invoice'.

Coupon-mad

online request for copies of correspondence between DVLA and BPA since May 2020 "

Link please?  I'd like to see the eventual excuse for an answer the DVLA spew up to that question, but suspect it won't reveal anything useful.  They are good at that, just as they deflected the ICO.

1505grandad

"The DVLA knows:      

-       The parking company breached the terms of the KADOE contract

-       The parking company breached the BPA’s Code of Practice"

I can add "The parking company broke the law" in my daughters case, a few years ago, where I eventually received an ICO adjudication that the ppc (UKPC) breached 3 Principles of the (then) DPA.  

No action at all taken by DVLA, BPA, or the landowner but all of course perfectly willing for my daughter to be ripped off by at least £100 when she did absolutely nothing wrong.

Nellymoser

Coupon-mad said:

online request for copies of correspondence between DVLA and BPA since May 2020 "

Link please? 

https://www.whatdotheyknow.com/

1505grandad said:

No action at all taken by DVLA, BPA, or the landowner but all of course perfectly willing for my daughter to be ripped off by at least £100 when she did absolutely nothing wrong.

Seems this 'No action taken' is a recurring theme. 

Umkomaas

Nellymoser said:

Coupon-mad said:

online request for copies of correspondence between DVLA and BPA since May 2020 "

Link please? 

https://www.whatdotheyknow.com/

1505grandad said:

No action at all taken by DVLA, BPA, or the landowner but all of course perfectly willing for my daughter to be ripped off by at least £100 when she did absolutely nothing wrong.

Seems this 'No action taken' is a recurring theme. 

I think @Coupon-mad was looking for a link to the actual FOI request. She's no stranger to the website.

This is a very good thread by the way. 🌟

Nellymoser

Thought she would be aware of website. Sorry I'm not great at copying links but think I've managed. 

https://www.whatdotheyknow.com/request/british_parking_association#incoming-2345711

https://www.whatdotheyknow.com/request/information_about_icos_opinion_r