Car leasing contract issues around data breaches

stevemacfjr

A bad explanation on my part. VWFS are the registered keepers of the vehicle. My wife is recorded as the hirer with VWFS. VWFS, or part there of, are supplying her details to whomever is requesting them after they initially contact DVLA to find out who the official keeper is.
It's actually Customer Resolutions that have responded to the complaints, but they are part of VWFS, hence the email address customerresolutions@vwfs.co.uk.

ontheroad1970

The finance company are likely the V5 holder.  The finance company has incorrectly identified the OP's wife as keeper of the vehicle with that registration number.  This is different to being registered keeper as it changes the onus on the S172 requirement.  

I haven't seen the OP's contract or one like it, but I doubt that GDPR will even form any part of the contract let alone be a crucial part of the contract that would allow the OP's wife to terminate it without penalty.  

TooManyPoints

This is different to being registered keeper as it changes the onus on the S172 requirement. 

Just a point of information but that is not quite correct. 

Although s172  imposes two different duties depending on the status of the recipient of the request, it makes no mention of the “Registered Keeper”. It only mentions “the person keeping h vehicle” and “any other person”. The former has the duty to provide the driver’s details whilst the latter has the less onerous task of providing “any information which is in his power to give..” as I mentioned earlier. 

Although seemingly pedantic, it is in fact quite important. The police usually only have the RK’s details for their initial contact. That person (or body) may or may not be the person keeping the vehicle. But if the police insist on them meeting the higher burden (to provide the driver’s details) and the recipient claims he is not the person keeping the vehicle, the police must prove that he is.

But the important point is that the Registered Keeper does not enter into that argument at all.

paul_c123

stevemacfjr said:

A bad explanation on my part. VWFS are the registered keepers of the vehicle. My wife is recorded as the hirer with VWFS. VWFS, or part there of, are supplying her details to whomever is requesting them after they initially contact DVLA to find out who the official keeper is.
It's actually Customer Resolutions that have responded to the complaints, but they are part of VWFS, hence the email address customerresolutions@vwfs.co.uk.

An interesting sideline is, in theory, VWFS are providing "false details" to the Police, upon request of a S.172 notice, if they are naming the OP's wife.

I now see where the potential breach is. Since you have already complained to VWFS though, I am not sure what more I can offer on the situation.

Car_54

stevemacfjr said:

"As far as we know" was just an expression. We know my wife's car is registered to VWFS and shows her as being the keeper. This documentation was sent to VWFS after the first complaint to evidence it.  

This is plain wrong. If the car is registered to VWFS, then VWFS is the registered keeper.

If your wife is the RK, then she should have the V5C with her name and address on it. Has she?

And who pays the tax?

WellKnownSid

Car_54 said:

stevemacfjr said:

"As far as we know" was just an expression. We know my wife's car is registered to VWFS and shows her as being the keeper. This documentation was sent to VWFS after the first complaint to evidence it.  

This is plain wrong. If the car is registered to VWFS, then VWFS is the registered keeper.

If your wife is the RK, then she should have the V5C with her name and address on it. Has she?

And who pays the tax?

Surely this is a lease?

VWFS will be the RK.  The wife won't have a V5C.  VWFS will pay the tax.  Somewhere in their 132 different CRM and operations databases there will be the registration number in question and the wife's contact details.

Grey_Critic

You can debate this until the cows come home but DVLA has your wife registered on their system and only they can correct the record. That is obviously incorrect but the onus is upon your wife to contact DVLA - she is the person getting the tickets not VWFS and it is she who will be prosecuted not VWFS.

Personally I would telephone DVLA and then IMPORTANTLY confirm in writing via recorded delivery copied to VWFS. I would also contact the Police.

Should for some reason it finished up in court then you need a paper trail even if she is innocent. The problem with cases such as this they tend to get a life of their own and drag on and on.

TooManyPoints

You can debate this until the cows come home but DVLA has your wife registered on their system....

Are you sure about that? I'm certainly not and it doesn't seem the OP is either:

VWFS are the registered keepers of the vehicle. My wife is recorded as the hirer with VWFS.

Grey_Critic

Yes I am sure, You get a speeding or parking ticket then application for details of the registered keeper is sent to DVLA who will reply withwhat it says on their system. I have already said and agree the details on their system is not correct and they are the only people who can change it. If just anybody could get into the system we could all alter things. The OP needs to contact DVLA otherwise they will likely finish up in court.

No matter what others might **Think** saying to the judge that on the internet they said will not work. VWFA may have messed it up in the first place but it is obvious they have done nothing otherwise the OP would not be getting letters. They also need to consider they could actually lose their driving licence.

Do not rely on others in such cases you really do need to DIY

paul_c123

No, the DVLA have the lease company as the registered keeper, but whenever it gets there, the lease company erroneously has the OP down as the lessee, so is forwarding on the stuff.