KADOE suspension of service guidance

The request was partially successful.

Dear Driver and Vehicle Licensing Agency,

1) Please provide copies of all guidance issued per clause J3.2 of the KADOE Contract v3.0 May 2018 (replicated below, for your ease of reference).

2) Please clarify if such guidance has been made on a pan-industry basis (ie to all contract holders), or just to selected/the-really-dodgy operators.

3) Please include the date such guidance was issued, and the name of the contract holder/grouping (as appropriate).

4) If similar guidance has been issued under previous revisions of the contract then please disclose it too.

"J3.2.
The DVLA shall from time to time issue guidance on its principles on
suspending the KADOE Service and terminating contracts to supply
data using the KADOE Service. The guidance may include guidance
concerning: types of Defaults which the DVLA may consider to be
Material Breaches; guidance as to specific types of breach that the
DVLA will consider to be remediable; how such breaches may be
remedied; how long suspension may last; when following any period of
suspension the Customer may resume making requests and in relation
to which dates of events such requests may be made; and guidance
as to which types of breach the DVLA may consider to be
irremediable."

Yours faithfully,

D Morris

FOI FOI, Driver and Vehicle Licensing Agency

1 Attachment

Dear Mr Morris,

 

Thank you for your e-mail requesting information. The DVLA are dealing
with your request under the terms of the Freedom of information Act 2000.

 

Your request has been given reference: FOIR7949.

 

You should expect to receive a reply to your request by 24^th  October
2019.

 

If you have any further questions or enquiries on this request please
quote the reference number.

 

Regards

 

Nathan James

Compliance Officer

Data Sharing Strategy & Compliance

Strategy, Policy & Communications Directorate | C2 East | DVLA | Swansea |
SA99 1DY

Twitter: [1]@dvlagovuk

 

[2]cid:image001.png@01CFCB6E.B7248A20

 

We can always spot an untaxed car. Tax it or lose it.

Go to [3]www.gov.uk/vehicletax

 

Twitter: [4]@dvlagovuk  |  Facebook: [5]dvlagovuk  |  YouTube: [6]dvlagov

 

************************************************************************************
Correspondents should note that all communications to DVLA may be
automatically logged, monitored and/or recorded for lawful purposes.

Please visit [7]www.gov.uk/browse/driving for government information on
all aspects of motoring, ranging from log books and driving licences to
driving tests and vehicle tax.
************************************************************************************

References

Visible links
1. http://www.twitter.com/dvlagovuk
2. http://www.gov.uk/dvla
3. http://www.gov.uk/vehicletax
4. http://www.twitter.com/dvlagovuk
5. http://www.facebook.com/dvlagovuk
6. http://www.youtube.com/dvlagov
7. http://www.gov.uk/browse/driving

FOI, Driver and Vehicle Licensing Agency

2 Attachments

Dear Mr Morris

 

Please find enclosed a response to your Freedom Of Information request –
FOIR7949

 

Regards

 

Terry Price

Freedom of Information

Strategy, Policy and Communications Directorate | C2/W  | DVLA  | Swansea
| SA6 7JL

Twitter: [1]@dvlagovuk

 

[2][IMG]

 

We can always spot an untaxed car. Tax it or lose it.

Go to [3]www.gov.uk/vehicletax

Twitter: [4]@dvlagovuk  |  Facebook: [5]dvlagovuk  |  YouTube: dvlagov

 

show quoted sections

Daniel Morris left an annotation ()

Our Ref: FOIR7949
Date: 21 October 2019
Dear Mr Morris
Freedom of Information Request
Thank you for your e-mail of 26 September requesting information under the terms of
the Freedom of Information Act 2000 (FOIA).
You asked for:
1) Please provide copies of all guidance issued per clause J3.2 of the
KADOE Contract v3.0 May 2018 (replicated below, for your ease of
reference).
"J3.2.
The DVLA shall from time to time issue guidance on its principles on
suspending the KADOE Service and terminating contracts to supply
data using the KADOE Service. The guidance may include guidance
concerning: types of Defaults which the DVLA may consider to be
Material Breaches; guidance as to specific types of breach that the
DVLA will consider to be remediable; how such breaches may be
remedied; how long suspension may last; when following any period of
suspension the Customer may resume making requests and in relation
to which dates of events such requests may be made; and guidance
as to which types of breach the DVLA may consider to be
irremediable."
2) Please clarify if such guidance has been made on a pan-industry basis
(ie to all contract holders), or just to selected/the-really-dodgy operators.
3) Please include the date such guidance was issued, and the name of the
contract holder/grouping (as appropriate).
4) If similar guidance has been issued under previous revisions of the
contract then please disclose it too.

The DVLA has not issued guidance in relation to clause J3.2.
A communication was issued to all parking companies regarding the DVLA’s position
on debt assignment in March 2018. These letters define debt assignment and state
“The Agency will consider disclosure of data obtained from the DVLA to third parties
as part of a debt assignment arrangement as a breach of contract which could result
in suspension”). This particular ‘guidance’ on debt assignment was issued on 23
March 2018.
This was made both on a ‘pan-industry basis’ (via the Accredited Trade Associations)
and to specific companies where there was evidence that they had entered into debt
assignment arrangements.
The company/organisation names are listed below
British Parking Association (BPA) – to disseminate to all BPA Approved Operator
Scheme (AOS) members
International Parking Community (IPC) – to disseminate to all IPC Approved Operators
Scheme (AOS) members
Northwest Parking Management Ltd
Parking Awareness Services Ltd
UK Parking Patrol Office Ltd
Napier Parking Ltd
Car Park Management Services (CPMS) Ltd
One Parking Ltd
New World Facilities Ltd
OKS Empire Ltd
The information which follows concerns the procedures for making any complaint you
might have about the reply. Please quote the reference number of this letter in any
future communications about it.
Yours sincerely
pp Robert Toft
Head of Data Protection Policy & Freedom of Information Team

Dear Driver and Vehicle Licensing Agency,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Driver and Vehicle Licensing Agency's handling of my FOI request 'KADOE suspension of service guidance'.

I do appreciate the information disclosed so far; providing the naughty-list was classy. However, I'm a bit surprised that your officer says there has only been communication with regard to debt assignment (March 2018) that relates to my request.

For example, I understand the DVLA has also communicated with elements of the industry that transferring data provided by the DVLA outside of the UK/EU would breach rights protected by DPA2018 & GDPR.

Furthermore, I note from searching the government's FOI disclosure log that clause 3.2 was substantively the same as far back as (confusingly numbered) 'Version 4.0 –June 2014 © Crown Copyright 2015
Fee Paying KADOE Service – Parking Companies version', per FOIR4496. Given the scale of personal data being supplied, and the number of rogue operators in the market, it would seem unlikely that the DVLA has given just one piece of direction in all that time. Please check on this.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/k...

Yours faithfully,

D Morris

Dear FOI,

I am disappointed that the DVLA has chosen not to comply with its legal obligations defined in the Freedom of Information Act 2000, failing to complete the Internal Review within the lawful time frame, more than 40 working days have now passed.

A complaint file has been opened with the Information Commissioner's Office.

When do you expect that you will comply with the Act and complete the Review as requested?

Yours sincerely,

D Morris

FOI, Driver and Vehicle Licensing Agency

Good Afternoon Mr Morris

Apologies for the oversight in dealing with your request for a review but it is hoped that a response will be with you at the same time(if not before) we respond to your recent request for a review of FOIR7845.

Regards
Ian

Ian Aubrey
Freedom of Information Team – C2/W
Data Sharing & Protection Group | Strategy, Policy and Communications Directorate | DVLA | Swansea | SA6 7JL

We can always spot an untaxed car. Tax it or lose it.
Go to www.gov.uk/vehicletax

Twitter: @dvlagovuk | Facebook: dvlagovuk | Instagram: dvlagov

************************************************************************************
Correspondents should note that all communications to DVLA may be automatically logged, monitored and/or recorded for lawful purposes.

Please visit www.gov.uk/browse/driving for government information on all aspects of motoring, ranging from log books and driving licences to driving tests and vehicle tax.
************************************************************************************

Daniel Morris left an annotation ()

ICO investigation was delayed as their outlook/safelinks service breaks/substitutes the forward slashes (/) in WDTK URLs into their ASCII code (%2F), along with colon (:) (%3A) etc. This prevents the ICO staff from viewing links.

Staff at the ICO the should open a ticket with the helpdesk as this has happened repeatedly over the last few months.

ICO wrote to DVLA on 2020-01-14 telling them to complete the Internal Review within 10 working days.

FOI, Driver and Vehicle Licensing Agency

1 Attachment

Good Afternoon Mr Morris

Further to your request for a review of the response to FOIR7949, please find attached our reply.

Regards
Ian

Ian Aubrey
Freedom of Information Team – C2/W
Data Sharing & Protection Group | Strategy, Policy and Communications Directorate | DVLA | Swansea | SA6 7JL

We can always spot an untaxed car. Tax it or lose it.
Go to www.gov.uk/vehicletax

Twitter: @dvlagovuk | Facebook: dvlagovuk | Instagram: dvlagov

************************************************************************************
Correspondents should note that all communications to DVLA may be automatically logged, monitored and/or recorded for lawful purposes.

Please visit www.gov.uk/browse/driving for government information on all aspects of motoring, ranging from log books and driving licences to driving tests and vehicle tax.
************************************************************************************

Daniel Morris left an annotation ()

A cracking disclosure. DN appears to have got lost at the ICO. Waiting an update from them.