Author Topic: DVLA clarify that parking companies cannot sell on debt to debt collectors.  (Read 1468 times)

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Offline The Bald Eagle

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The timing of this announcement is significant in my opinion.  :idea:

The new General Data Protection Regulations (GDPR) come in on 25th May 2018. Under this legislation anyone caught breaching it can receive a hefty fine.

Looks like the DVLA are finally getting their house in order as a result.  <dancingbanana2>

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DVLA clarify that parking companies cannot sell on debt to debt collectors.

Parking companies obtain keeper data from the DVLA by way of the KADOE contract. Copies are available under FOI, such as here ( https://www.whatdotheyknow.com/request/kadoe_system#incoming-882991 ).

This contract allows parking companies to engage debt collectors to pursue debts, but it does not allow them to sell the debt on to another party.

Despite this a number of parking companies have ignored their contract with the DVLA and have been selling their data to rogue debt collector MIL Collections for as little as £1 per parking charge.

MIL are well known for their aggressive practices which include blatantly lying on the telephone, using false and misleading information in letters, and pursuing debts despite not having in any known case a valid letter of assignment (MIL use an undated 'deed' which has no references to any actual parking charge and in some cases has provably been in existence before the assignment occurred as a recycled deed has been used).

The DVLA initially took no action to protect motorists despite being informed of this practice many years ago, when MIL first started to buy up parking charges. Since then, MIL have caused misery and essentially 'robbed' large numbers of motorists by claiming charges which are not valid.

The DVLA has now finally taken action.

DVLA Statement

The DVLA has issued a statement to the Trade Associations on the matter of Debt Assignment

You will be aware that DVLA has been considering whether to permit private parking companies passing on DVLA vehicle keeper data to third parties as part of the assignment of unpaid alleged private parking charges. The term used in this context to describe this activity is "debt assignment."

The KADOE contract does not provide for the onward disclosure of vehicle keeper data by parking companies for debt assignment, and any proposals to do so require the parking company to seek written authorisation from DVLA. However, following representations from the sector, DVLA agreed to consider its position further.

I can now advise that the Agency has concluded that it will not be changing its position on this matter. As was the case with previous requests from parking companies, DVLA will not allow vehicle keeper data originating from DVLA records to be provided to third parties as part of a debt assignment arrangement. The Agency will consider disclosure of data obtained from DVLA to third parties as part of a debt assignment arrangement as a breach of contract which could result in suspension.


British Parking Association Statement

The British Parking Association has stated they will fully support the DVLA in this matter, and that this is a serious breach which could result in the award of 10 sanction points.

12 sanction points results in an immediate ban.


The International Parking Community

The IPC have not made any public statement on this matter. However, their code of practice states:

5.2 You must not pass any Personal Data to any third party company who is not a member of an Accredited Operator Scheme (or similar scheme of a different name) with an Accredited Trade Association or a firm entitled to carry on reserved legal activities

According to their sanction scheme, misuse of personal data can result in 6-12 sanction points, with a starting point of 10.

Factors indicating higher degree of harm
1. Personal Keeper’s Data compromised or used or obtained inappropriately.

MIL Collections

MIL Collections are run by failed businessman Alan Davies. Any motorists whose keeper data was purchased from the DVLA by a parking company and then sold on to MIL should raise a complaint with the DVLA and the appropriate trade association, the BPA or IPC.

Misuse of personal data is an offence against the Data Protection Act 1999, so you may also have a valid claim against MIL Collections and the parking company. As the DVLA allowed this practice to carry on for some considerable time despite being notified, you may also have a claim against the DVLA, as they have a legal responsibility to keep keeper data free from misuse.

If you provided your data directly to the parking company, without the DVLA being involved, then this does not apply.

Happy Parking

The Parking Prankster

http://parking-prankster.blogspot.co.uk/2018/04/dvla-clarify-that-parking-companies.html
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Offline The Bald Eagle

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I contacted the Prankster to ask if GDPR can be applied retrospectively. He says it can't but if there is a single transgression in the future it will have serious consequences for the wea$el that passes on any personal data.

My own opinion is that if the DVLA don't take drastic measures to combat this happening, then they too will be subject to a hefty fine. Hence their recent (too little, too late) statement:


You will be aware that DVLA has been considering whether to permit private parking companies passing on DVLA vehicle keeper data to third parties as part of the assignment of unpaid alleged private parking charges. The term used in this context to describe this activity is "debt assignment."

The KADOE contract does not provide for the onward disclosure of vehicle keeper data by parking companies for debt assignment, and any proposals to do so require the parking company to seek written authorisation from DVLA. However, following representations from the sector, DVLA agreed to consider its position further.

I can now advise that the Agency has concluded that it will not be changing its position on this matter. As was the case with previous requests from parking companies, DVLA will not allow vehicle keeper data originating from DVLA records to be provided to third parties as part of a debt assignment arrangement. The Agency will consider disclosure of data obtained from DVLA to third parties as part of a debt assignment arrangement as a breach of contract which could result in suspension.
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Offline DastardlyDick

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OK, this all looks like good stuff, but how is it "policed"? I don't suppose companies like MIL are going to say to one of their debtors "we got this information from DVLA" are they?

Offline The Bald Eagle

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OK, this all looks like good stuff, but how is it "policed"? I don't suppose companies like MIL are going to say to one of their debtors "we got this information from DVLA" are they?

All it will take is for one savvy motorist to report the wea$el/MIL to the ICO.

The ICO are the new policing kids on the block, and have swingeing powers to deliver hefty fines to those who transgress current data protection rules. GDPR simply ramps up the stakes.

That's why the DVLA have put out their statement. If they hadn't done it now they would not have the plausible deniability they need once GDPR came in because they were aware of what has been happening for a number of years now, due to constant badgering by the Prankster et al.

Consequently, the moment the DVLA statement was put out, MIL were dead in the water.  <Woohooo>
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Offline DastardlyDick

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OK, this all looks like good stuff, but how is it "policed"? I don't suppose companies like MIL are going to say to one of their debtors "we got this information from DVLA" are they?

All it will take is for one savvy motorist to report the wea$el/MIL to the ICO.

The ICO are the new policing kids on the block, and have swingeing powers to deliver hefty fines to those who transgress current data protection rules. GDPR simply ramps up the stakes.

That's why the DVLA have put out their statement. If they hadn't done it now they would not have the plausible deniability they need once GDPR came in because they were aware of what has been happening for a number of years now, due to constant badgering by the Prankster et al.

Consequently, the moment the DVLA statement was put out, MIL were dead in the water.  <Woohooo>


So if the wea$els are unable to sell this information to Debt Collectors (not just MIL) how are they going to collect unpaid "fines"? Does this mean that everyone will be able to park in (for example) Lidl's car park for as long as they like with impunity or will actual Bailiffs be seeing more work coming their way?

Offline The Bald Eagle

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OK, this all looks like good stuff, but how is it "policed"? I don't suppose companies like MIL are going to say to one of their debtors "we got this information from DVLA" are they?

All it will take is for one savvy motorist to report the wea$el/MIL to the ICO.

The ICO are the new policing kids on the block, and have swingeing powers to deliver hefty fines to those who transgress current data protection rules. GDPR simply ramps up the stakes.

That's why the DVLA have put out their statement. If they hadn't done it now they would not have the plausible deniability they need once GDPR came in because they were aware of what has been happening for a number of years now, due to constant badgering by the Prankster et al.

Consequently, the moment the DVLA statement was put out, MIL were dead in the water.  <Woohooo>


So if the wea$els are unable to sell this information to Debt Collectors (not just MIL) how are they going to collect unpaid "fines"? Does this mean that everyone will be able to park in (for example) Lidl's car park for as long as they like with impunity or will actual Bailiffs be seeing more work coming their way?

The usual breach of contract rules apply and wea$els will still be able to take you to court. What they can't do now is to sell your details to a third party to do their dirty work.
WE ARE WATCHING YOU

 


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