Checks made on PPC

Waiting for an internal review by Driver and Vehicle Licensing Agency of their handling of this request.

Dear Driver and Vehicle Licensing Agency,

When describing the checks undertaken by the DVLA of a PPC, to determine "reasonable cause", Robert Toft, in October 2012, stated "For private car parking companies, photographs of the type of signage in place and a copy of the parking charge notices and literature used are required. "

In relation to the parking charge notices the DVLA checks please advise of

1. The Number of PPCs operating car park management in England and Wales accessing data via EDI links

1. The Number of those PPC's Notices to Driver (issued under the Protection of Freedoms Act 2012)which have been checked to ensure compliance with Schedule 4 of that Act?

2. The Number of those PPC's Notices to Keeper (issued under the Protection of Freedoms Act 2012)which have been checked to ensure compliance with Schedule 4 of that Act?

Yours faithfully,

Phil

FOI FOI, Driver and Vehicle Licensing Agency

Dear Mr Phil

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 number: FOIR3403. You should received a reply on your request no later than 29 May 2013.

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

Thanks & Regards,

Freedom of Information Team
Data Sharing & Protection Group | D16 | DVLA | Swansea | SA6 7JL
Twitter: @dvlagovuk

Find out about DVLA's online services at:
www.gov.uk/browse/driving

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FOI FOI, Driver and Vehicle Licensing Agency

1 Attachment

Dear Sir or Madam

Please find attached the reply to your Freedom of Information request FOIR3403.

Regards,

Freedom of Information Team
Data Sharing & Protection Group | D16 | DVLA | Swansea | SA6 7JL
Twitter: @dvlagovuk

Find out about DVLA's online services at:
www.gov.uk/browse/driving

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Dear FOI FOI,

To clarify my request

The DVLA states that it checks the notices served by PPCs so my enquiry was seeking information about the number of forms of notices to driver/keeper, used by PPCs in the AOS scheme, that the DVLA has actually checked for POFA compliance. I am not suggesting that the DVLA checks every single notice that has been served, but whether it has actually checked the template form of notices used by each PPC

Yours sincerely,

Phil

FOI FOI, Driver and Vehicle Licensing Agency

Dear Sir or Madam

The DVLA sees an example of each PPC notice and signage for those on electronic access.

Regards,

Data Sharing Team
DVLA

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Dear FOI FOI,

Many thanks for your reply. I note that you comment about seeing notices for those who use electronic access.

1. Is it the case that you do not check the notices to be issued by those using paper applications?

2. You have not confirmed that you checked the notices issued by PPCs since the implementation of the POFA. Please confirm that you have done so.

Yours sincerely,

Phil

Data Sharing Team, Driver and Vehicle Licensing Agency

1 Attachment

Dear Phil,

 

Thank you for your email of 30^th May.  The questions you asked and the
relevant answers are as follows:-

 

1. Is it the case that you do not check the notices to be issued by those
using paper applications?

 

Private Parking Companies are required to serve a mandatory six month
probation period making manual requests before they are authorised to
request electronically.  During this period their behaviour in the use of
data is monitored.  Initial checks are carried out which include checks of
Companies House registration, Data Protection registration and checks of
their notices and signage.

 

2. You have not confirmed that you checked the notices issued by PPCs
since the implementation of the POFA. Please confirm that you have done
so.

 

DVLA can confirm that since the implementation of POFA in October 2012 we
have checked the notices issued by every new PPC.  DVLA have also checked
the notices issued by all PPCs who were already under contract with us,
however some of these checks will have occurred before October 2012.

 

We trust this answers your query.

 

Regards

Data Sharing Team

 

Data Sharing Team | C1/East | DVLA | Swansea | SA99 1DY

Twitter: [1]@dvlagovuk

 

 

[2]Logo_long

 

Find out about DVLA's online services at:
[3]www.gov.uk/browse/driving

 

 

 

From: Phil [4][mailto:[FOI #159412 email]]

Sent: 30 May 2013 10:57

To: FOI FOI

Subject: Re: FOIR3403 - Freedom of Information request - Checks made on
PPC - Follow On

 

     Dear FOI FOI,

    

     Many thanks for your reply. I note that you comment about seeing

     notices for those who use electronic access.

    

     1. Is it the case that you do not check the notices to be issued by

     those using paper applications?

    

     2. You have not confirmed that you checked the notices issued by

     PPCs since the implementation of the POFA. Please confirm that you

     have done so.

    

     Yours sincerely,

    

     Phil

    

     

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Dear Data Sharing Team,

You have kindly replied
"DVLA can confirm that since the implementation of POFA in October 2012 we have checked the notices issued by every new PPC. DVLA have also checked
the notices issued by all PPCs who were already under contract with us, however some of these checks will have occurred before October 2012."

1. Can you please confirm that you have a letter that was sent by the DVLA, to the PPCs, asking for them to supply a copy of the Notices to Keeper that they would be serving under POFA? Can you please provide a copy of such letter.

2. Can you confirm that you have checked the Notices to Keeper to be served by Observices Parking Consultancy Limited; Park Direct UK Limited; Premier Park Services and Proserve Enforcement Solutions? Can you provide a copy of the notices that they submitted for the DVLA to check?

3. Do you have any letters sent by the DVLA to Observices Parking Consultancy Limited; ParkDirect UK Limited; Premier Park Services and Proserve Enforcement Services indicating your satisfaction that their Notices to Keeper meet the conditions in Schedule 4 of the POFA

4. Failing an ability to confirm the above, can you provide evidence of any other kind of audit trail to evidence that such notices have been checked?
Yours sincerely,

Phil

Data Sharing Team, Driver and Vehicle Licensing Agency

Dear Phil

Thank you for your email of 14 June 2013. However, on looking at your last email, we realise we made a mistake in Q1. The last sentence should read 'Initial checks are carried out which include checks of Companies House registration, Data Protection registration and check of their tickets and signage (not notices). We apologise for this error.

The questions you asked on 14 June and the relevant answers are as follows:

1 We don't have a letter; however, we check examples of tickets and signage as part of the registration process

2 No

3 No, we haven't written specifically to all PPC's since the introduction of POFA in order to check their notices. This isn't part of DVLA'S remit but is a function of the BPA.

4 No, we don't check notices

Regards

Data Sharing Team | C1/East | DVLA | Swansea | SA99 1DY

Twitter: [1]@dvlagovuk

Find out about DVLA's online services at:
www.gov.uk/browse/driving

show quoted sections

Dear Data Sharing Team,

Interesting set of contrary answers which I will pull together to save anyone trawling through

On the 7th June 2013 the DVLA, in response to a FOI request, answered "DVLA can confirm that since the implementation of POFA in October 2012 we
have checked the notices issued by every new PPC. DVLA have also checked the notices issued by all PPCs who were already under contract with us,
however some of these checks will have occurred before October 2012."

1. On the 18th June 2013 in response to this question - "Can you confirm that you have checked the Notices to Keeper to be served by Observices Parking Consultancy Limited; Park Direct UK Limited; Premier Park Services and Proserve Enforcement Solutions? Can you provide a copy of the notices that they submitted for the
DVLA to check?" The DVLA replied "No" and which conflicts with the DVLA statement of the 7th June 2013.

2. On the 18th June in response to this question - "Failing an ability to confirm the above, can you provide evidence of any other kind of audit trail to evidence that such
notices have been checked?" The DVLA replied "No" and which conflicts with the DVLA statement of the 7th June 2013.

3. On the 27th April 2013 I said - "When describing the checks undertaken by the DVLA of a PPC, to determine "reasonable cause", Robert Toft, in October 2012, stated
"For private car parking companies, photographs of the type of signage in place and a copy of the parking charge notices and literature used are required. ""

4. The DVLA did not dispute that assurance from Robert Toft that the DVLA checks parking charge notices. However, by the 18th June 2013 the DVLA said

"No, we haven't written specifically to all PPC's since the introduction of POFA in order to check their notices. This isn't part of DVLA'S remit but is a function of the BPA." and which conflicts with what the DVLA said in October 2012.

The way I was brought up, it is customary to apologise when you have not told the truth and have been found out. I await that apology

Yours sincerely,

Phil

Dear Data Sharing Team,

Further to your provision of misleading information in response to my Freedom of Information request, I believe that your response “No we haven’t written specifically to all PPCs since the introduction of POFA in order to check their notices. This isn’t part of the DVLA’s remit but is a function of the BPA”. Is also misleading.

Part of your “function” is to undertake audits of PPCs as well as the BPA. Such audits should include a review of the notices that are used to ensure that the data you make available has been fairly and lawfully processed by that PPC. I do of course have written confirmation from the DVLA that it undertakes audits and I am assuming here that that confirmation is accurate.

I have set out below a number of documents which confirm your audit functions and which the public is entitled to expect you to fulfil. These indicate that it is part of your function to check Notices. In view of the dramatic change to parking enforcement which the POFA brought about I would suggest that it is irrational and perverse for the DVLA not to have checked such documentation. I would be grateful if you could deal with the following requests:-

1.0 Memorandum of Understanding between the BPA and DVLA

1.1 This document indicates that to maintain its status as an ATA the BPA is obliged to “Test operators to confirm that they have systems and procedures in place to ensure that substantial compliance with the Code of Practice is possible and on-going”. The BPA must “ensure that regular compliance checks are conducted of its members and take action where contraventions to the Code are reported”.

Questions:-
1.1.1 Has the BPA been asked to check that the Notice to Keeper issued by Observices; Premier Parking Services; Park Direct UK Ltd; UKPC; Excell; Civil Enforcement Limited; G24 are POFA compliant?
1.1.2 If the answer to 1.1.1 is “yes”, which companies does the BPA claim to have POFA compliant notices?
1.1.3 If the answer to 1.1.2 is that some or all have compliant notices what action has the DVLA taken or proposes to take in view of the evidence that the DVLA has that their Notices to Keeper do not fully meet the conditions in the POFA
1.1.4 If the answer to 1.1.2 is that some or all notices are not compliant, what action is the DVLA taking against those non-compliant PPCs?
1.1.5 If the answer to 1.1.1 is “no”, in view of the fact that the DVLA has evidence of non-compliance, why has the DVLA not asked the BPA to undertake such checks? What plans are now in place for such checks to be undertaken?

2.0 Extracts from a Data Sharing Contract for use of EDI

2.1 Clause 1.6.2(c) - the DVLA and PPC agree to meet to review, inter alia, the PPCs handling of the data made available by the DVLA. That must surely include how a PPC further processes that data through service of notices.
2.2 Clause 2.9.10 - The PPC shall provide any information reasonably requested by the DVLA within requested deadlines with respect to the use made of records.
2.3 Clause 2.9.20 - the PPC agrees to permit the DVLA auditors access for the purpose of inspecting all documents in connection with the provision of the ELISE KADOE Service
2.4 Clause 2.14.4 requires a PPC to provide full access “to documentation when required”
2.5 All of the above paint a picture of the DVLA having rights to inspect documentation as part of its “stringent audit procedures”
2.6 By letter of 12th October 2012 Mr Toft of the DVLA said that the DVLA had “stringent audit procedures”

Questions
2.7 In view of the above and your responses to this FOI request so far,
2.7.1 Why has the DVLA not undertaken an audit check on the Notices to Keeper used by each PPC in connection with the data they have obtained using the ELISE KADOE Service when that is one of your functions?
2.7.2 Please describe the arrangements which are in place to undertake such an audit in the near future, if any.
2.7.3 If there are no proposals, please explain how this fits into the DVLA’s obligations to process data fairly, having evidence before it of non-compliant Notices to Keeper being issued by the Parking Industry?

3.0 Consultation document on requiring all private car parking companies to be members of an ATA (May 2009)

3.1 This document indicates that for manual applications for data Private companies that request information are required to provide details of how data will be used and must provide evidence to corroborate their request.

Questions
3.2 Does the DVLA have copies of the Notices to Keeper supplied with each application for data submitted manually?
3.3 If the answer to 3.2. Is “No” why is such corroborative evidence not required?
3.4 If the answer to 3.2 is “No” is the DVLA, with the evidence it now has before it of flawed Notices, going to introduce that requirement? If not, why not?
3.5 Does the DVLA advise parking companies, who obtain data too late to serve a Notice to Keeper under POFA (ANPR cases), that they cannot use it for the purposes of pursuing “keeper liability”? If not, why not, when to do so will ensure that data will be further processed lawfully?

Yours sincerely,

Phil

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