KADOE - a simplified version of the contract between car park operators and DVLA

136_NW

As part of a steep learning curve about management of private car parks, by such as UK Parking Control Ltd (I am litigating against them in two separate civil claims), I asked ChatGPT to reduce the contract between car park operators and the DVLA to its essentials:

Apologies if this, or similar, has been posted previously - I am a 'newbie'.

"The key elements of the contracts between car park operators and the UK's Driver and Vehicle Licensing Agency (DVLA) regarding the provision of data for a fee using the KADOE (Keeper of a Vehicle at the Date of an Event) service include several important aspects that outline the terms, responsibilities, and conditions under which data is accessed and used. Here is a concise summary of the main elements:

1. Purpose and Scope of the Agreement:

• Purpose: The contract specifies that the data provided by the DVLA is to be used by car park operators for the specific purpose of enforcing parking restrictions and managing parking on private land.
• Scope: The agreement details the specific data elements that can be accessed, such as vehicle registration details and the identity of the registered keeper at the time of an alleged parking contravention.

2. Data Access and Usage:

• Access Rights: The contract outlines the conditions under which car park operators can access the DVLA database, typically through an electronic service (KADOE).
• Usage Restrictions: The data must only be used for the purposes specified in the contract and not for any other purposes. Misuse of the data is strictly prohibited.

3. Data Protection and Security:

• Compliance with Laws: Car park operators must comply with all relevant data protection laws, including the UK GDPR and the Data Protection Act 2018.
• Security Measures: The contract requires car park operators to implement appropriate technical and organizational measures to protect the data from unauthorized access, loss, or damage.

4. Fees and Payment Terms:

• Fee Structure: The contract specifies the fees that car park operators must pay to access the data, which may be on a per-transaction basis or a subscription model.
• Payment Terms: The agreement details the payment terms, including invoicing, payment deadlines, and any penalties for late payment.

5. Audit and Compliance Monitoring:

• Audits: The DVLA reserves the right to audit car park operators to ensure compliance with the terms of the contract.
• Compliance Monitoring: Regular compliance checks may be conducted to ensure that data is being used appropriately and securely.

6. Breach and Termination:

• Breach of Contract: The contract outlines what constitutes a breach of contract, including misuse of data or failure to comply with security requirements.
• Termination Clauses: The DVLA can terminate the agreement if the car park operator breaches any of the terms. The contract may also specify conditions under which either party can terminate the agreement with notice.

7. Liability and Indemnity:

• Liability: The contract sets out the liability of each party in the event of data breaches or misuse.
• Indemnity: Car park operators may be required to indemnify the DVLA against any claims or damages arising from the misuse of the data.

8. Confidentiality:

• Confidential Information: Both parties agree to keep confidential any information that is disclosed during the term of the contract that is not already in the public domain.

9. Dispute Resolution:

• Dispute Mechanism: The contract outlines the procedures for resolving disputes, which may include mediation, arbitration, or recourse to the courts.

10. Duration and Renewal:

• Term of Agreement: The initial duration of the contract and the terms for renewal or extension are specified.
• Review and Amendments: The contract may include provisions for periodic review and amendments based on changes in legislation or operational requirements.

These key elements ensure that the car park operators and the DVLA have a clear understanding of their roles, responsibilities, and expectations regarding the access and use of vehicle keeper data, while also protecting the privacy and rights of individuals whose data is being accessed."

My next step is to seek, by way of a freedom of information request, details of the frequency with which DVLA make audit compliance and data compliance checks (para 6).

Coupon-mad

I like your style.  You are a welcome addition to this forum group!

There are also some FOI made to the DVLA asking about which firms have red GIAA Audits over the years. You may find those interesting.

My fellow Brighton lady PCN fighter @ParkingMad can link to them as she has shown them to me before.

136_NW

Coupon-mad said:

I like your style.  You are a welcome addition to this forum group!

There are also some FOI made to the DVLA asking about which firms have red GIAA Audits over the years. You may find those interesting.

My fellow Brighton lady PCN fighter @ParkingMad can link to them as she has shown them to me before.

Thank you for the input and hopefully your friend can point me to her requests and finalisations. My friend Edward Williams had had some long and difficult arguments with DVLA over FOIA disclosure. The Agency is yet another concede nothing, money no object public body: https://assets.publishing.service.gov.uk/media/61374747d3bf7f05b4562a57/GIA_779_2019_post_hearing_rule_14_ruling.pdf

136_NW

These are FOIA requests made to DVLA via the WhatDoTheyKnow platform:

https://www.whatdotheyknow.com/body/dvla

This is the link to DVLA's FOIA Disclosure Log

https://www.gov.uk/government/publications/dvla-foi-and-eir-disclosure-log-2024

Coupon-mad

136_NW said:

Coupon-mad said:

I like your style.  You are a welcome addition to this forum group!

There are also some FOI made to the DVLA asking about which firms have red GIAA Audits over the years. You may find those interesting.

My fellow Brighton lady PCN fighter @ParkingMad can link to them as she has shown them to me before.

Thank you for the input and hopefully your friend can point me to her requests and finalisations. My friend Edward Williams had had some long and difficult arguments with DVLA over FOIA disclosure. The Agency is yet another concede nothing, money no object public body: https://assets.publishing.service.gov.uk/media/61374747d3bf7f05b4562a57/GIA_779_2019_post_hearing_rule_14_ruling.pdf

Ah, I see we have a mutual friend, then.

  

ParkingMad

Apologies, I’ve only just seen this thread.

GIAA audit results from July 2023 to April 2024:

https://www.whatdotheyknow.com/request/giaa_audit_results_of_private_pa_3/response/2658673/attach/5/FOI150%20final%20response.pdf?



GIAA audit results from August 2022 to July 2023:

https://www.whatdotheyknow.com/request/giaa_audit_results_for_private_p/response/2384899/attach/3/FOI122%20Response.pdf?



GIAA audit results from 2015 to August 2022:

https://www.whatdotheyknow.com/request/giaa_audit_results_of_private_pa_2/response/2121316/attach/3/FOI088%20Response.pdf?

136_NW

ParkingMad said:

Apologies, I’ve only just seen this thread.

GIAA audit results from July 2023 to April 2024:

https://www.whatdotheyknow.com/request/giaa_audit_results_of_private_pa_3/response/2658673/attach/5/FOI150%20final%20response.pdf?



GIAA audit results from August 2022 to July 2023:

https://www.whatdotheyknow.com/request/giaa_audit_results_for_private_p/response/2384899/attach/3/FOI122%20Response.pdf?



GIAA audit results from 2015 to August 2022:

https://www.whatdotheyknow.com/request/giaa_audit_results_of_private_pa_2/response/2121316/attach/3/FOI088%20Response.pdf?

Very helpful. Thank you.

LoneStarState

Explanation of the RAG ratings from a FOI request I made of the GIAA earlier this year:



Some companies routinely score Red ratings and one wonders what the DVLA actually bother to do about it or the DVLA requirements the GIAA refer to that certain providers evidently don't meet.

LDast

The other problem is the rating is only based on a point in time which was on the date of the audit. They can simply turn around and claim it was a one off anomaly.

ParkingMad

This FOI from 2019 has details of the GIAA audits for 4 PPCs. 

https://www.whatdotheyknow.com/request/parking_company_audit_informatio/response/1579051/attach/4/FOI152%20Review%20Response.pdf?

The GIAA documentation had the following definitions for each of the RAG ratings:

136_NW

ParkingMad said:

This FOI from 2019 has details of the GIAA audits for 4 PPCs. 

https://www.whatdotheyknow.com/request/parking_company_audit_informatio/response/1579051/attach/4/FOI152%20Review%20Response.pdf?

The GIAA documentation had the following definitions for each of the RAG ratings:

Again, very helpful. Thanks.