BBC investigate DVLA 'selling' details.

[Conniff]

There was an item on BBC Breakfast this morning where it was being asked about the DVLAs right to sell personal details to private parking companies.

 

A lawyer on the show said that these (they wrongly used the word 'fine'), should not be paid as no crime had been committed.

The regulations say that they should be issued for the prevention and detection of crime, but as the lawyer pointed out, (and we already knew), parking on private land and overstaying is not a criminal offence.

 

The ministry of transport would not appear on the show, (the cowards know they are in the wrong), but telephoned to say - this will make you laugh, - we do not sell driver details, we provide them for an admin fee.

The parking companies, for £3,000, have access to the full database and as there is no human intervention and the details are not posted, there can be no justification for any so called 'admin charge'.

 

I can't remember how much they said DVLA made on these admin charges, but it was up in the tens of millions of pounds.

 

The item hasn't yet appeared on the BBC website, but I will put a link to it as soon as it does appear.

Edited September 26, 2008 by Conniff

[crem]

Here's the link

 

BBC NEWS | UK | DVLA sells personal details

 

 

edit

Just watched that clip through and notice the report says "this particular company is well run, but many aren't"

haha! which one is well run that isn't intimidating people into paying unfair illegal charges?

Edited September 26, 2008 by crem

[WebFerret]

Well, what an interesting (censored) video clip we have here!

 

Remember that both the DVLA and the BBC are run by the Government - and this clip goes to demonstrate that the

whole story is not told (why would they want the public to know that what is being allowed here breaches many

rules, regulations and laws of our country, but earns the Government millions of pounds!).

 

Here are some facts that they neglected to mention:

 

1) These private car parking companies can only rely on contract law to persue alledge monies owed from breach of contract. (a civil matter - NOT criminal)

(and yet we see many try to imitate official paperwork in tickets issued and follow-up letters demanding cash to quite literally scare Joe public into paying - which are in fact criminal offences).

 

2) Under contract law, private car parking companies can only sue for losses - in other words, if you park in a free car park, and alledgedly breach their contract by overstaying the alloted time allowed, then they can sue you for their losses of 'free parking', which would equate to £0 (zero pounds). - so to issue one with a demand for £125 would be viewed by a court as excessive at the very least - this a [problem] by any other definition.

 

3) The alleged contract can only exist between the parties involved in the contract - in these cases, the actual driver and landowner.

 

5) These private car parking companies are simply a 3rd party employed by the landowner.

 

6) The registered keeper of the vehicle is by no means automatically the driver of the vehicle and has no obligation under contract law to divulge who the driver in fact was, in any event in civil matters - so on what justifiable grounds does the DVLA think they have to issue registered keepers details to these private companies in pursuance of breach of an alleged contract under civil law that can only exist solely between the driver and the landowner - NOT the registered keeper?

 

 

In this video clip the DVLA state (to quote):

 

1) "All these firms (PPC's) have signed a clear contract with us"

 

What does this mean? - a mutual contract to maximise revenue for both parties by duping Joe public into paying sums that in law is not justified! - this is equil to extortion, and with menaces when they send the threatening debt collection letters - another criminal act!

 

2) "We know they're actually looking to the levels of security that we've asked them to, they're looking to various guidelines we've asked them to and we do periodic checks to make sure that they are doing that"

 

Well how come they are comfortable to 'sell' details to 'firms' with directors/owners who have criminal convictions for extortion - Civil Enforcement Limited to name but one of a few I'm aware of! - doesn't sound like a very thorough check is done for this and the fact that they impersonate official documentation and demonstrate harassment in the way that they typically persue payment would suggest otherwise.

 

3) "Any complaints or feedback that we get we actually will investigate them and take the appropriate action"

 

This I can prove to be 'spin & presentation' for I've complained via my local MP and all I got was a standard response letter from Jim Fitzpatrick (a Transport Minister) which can be read in my post:

 

http://www.consumeractiongroup.co.uk/forum/dvla/123302-dvla-should-sued-under-3.html#post1440568

 

No mention of any action being taken! - lol

 

 

 

The video clip goes onto say:

 

"The Information’s Commissions say if there's appropriate evidence that the DVLA has given personal details without good cause, they will take the issue up with them - but they add that if drivers have evidence that their information is being used inappropriately, they should complain to them"

 

Exactly what I did via my local MP and look what response I got! - I imagine that these 'firms' are compiling a national database of gulible registered keepers who can easily be duped into paying large summs of money for no legal reason whatsoever!

 

 

Conclusion:

In my view ALL private parking companies do not have 'good cause' to request registered keepers details, for the simple reason that their pursuance of monies is solely with the driver (the person who is alleged to have breached their contract under civil law) and it has nothing to do with the registered keeper under contract law - therefore the DVLA is wrong to provide this information, and, in my view, is in breach of our privacy laws. To add insult to injury, the DVLA not only provide this information to 'anyone who requests it', but they sell this information and profit from it!!!!! - making millions of pound for themselves into the bargain.

 

So in summary, the DVLA are in cahoots’ with this activity of extortion of monies from 'innocent' motorists and are simply aiding and abetting their dubious activities, with the Government simply turning a blind eye because they are on a good little earner from it too!

 

If this is allowed to continue, I can see no rational reason the Government would have to not stump up the £4M the Queen is now asking for, to maintain her estate - lol

Edited September 27, 2008 by WebFerret