Permission to disclose data to MIL Collections

The request was successful.

Dear Driver and Vehicle Licensing Agency,

I note that clause D5.1 of the KADOE contract prohibits the Customer from disclosing the information they have received from the DVLA to any other person except:-

a) to a sub-contractor who acts as the Customer's data processor;
b) to a sub- contractor who acts as the Customer's debt collector;
c) with the prior written agreement of the DVLA.

As you know, some private parking companies are in the habit of selling details of unpaid parking charges to MIL Collections, who then use the information to pursue payment of the charges in their own name.

Having purportedly bought the right to act in their own name, MIL Collections are clearly not acting as sub- contractors. In these circumstances, clause D5 requires that your written agreement is obtained before the information can be passed on to them.

I would be very grateful if you would tell me:-

1. How many times since 1st September 2015 requests have been made by PPCs for permission to pass on data to MIL Collections;

2. How many times such permission has been granted;

3. What matters are taken into account before such permission is granted;

4. What conditions are imposed on both the PPC and MIL collections regarding use if the data;

5. What checks are made by the DVLA the the data is properly transferred, stored and subsequently destroyed.

Many thanks.

Yours faithfully,

R Bostock

FOI FOI, Driver and Vehicle Licensing Agency

Dear Mr Bostock,

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: FOIR5604.

You should receive a reply to your request no later than 24 October 2016.

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

Thanks & Regards,

David A Morgan
Freedom of Information Team
Data Sharing & Protection Group | Strategy, Policy and Communications Group | D16 | DVLA | Swansea | SA6 7JL
Twitter: @dvlagovuk

Vehicle tax or SORN can’t be passed on when a vehicle changes hands.
Ni all treth cerbyd na HOS gael eu trosglwyddo pan fydd cerbyd yn newid dwylo.
Find out more at/Cael gwybod mwy ar: www.gov.uk/vehicletaxrules

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Dear Driver and Vehicle Licensing Agency,

I thought I should point out: your reply is due by the 21st October, and not the 24 th as you suggest.

I look forward to hearing from you by this Friday at the latest.

Yours faithfully,

R Bostock

FOI FOI, Driver and Vehicle Licensing Agency

1 Attachment

Dear Mr Bostock,

Please find attached the reply to your Freedom of Information request FOIR5604.

Thanks & Regards,

David A Morgan
Freedom of Information Team
Data Sharing & Protection Group | Strategy, Policy and Communications Group | D16 | DVLA | Swansea | SA6 7JL
Twitter: @dvlagovuk

Vehicle tax or SORN can’t be passed on when a vehicle changes hands.
Ni all treth cerbyd na HOS gael eu trosglwyddo pan fydd cerbyd yn newid dwylo.
Find out more at/Cael gwybod mwy ar: www.gov.uk/vehicletaxrules

show quoted sections

Dear FOI FOI,

Thank you for your reply.

The fact that PPCs have been passing on keeper information to MIL Collections without your permission raises the following serious issues:-

1. MIL, not being sub-contractors, do not fall within the class of transferees permitted by the KADOE contract.
2. The PPCs are using the data for a purpose not specified in the KADOE contract, namely the sale of alleged debts to a third party.
3. MIL are not buying debts; they are buying alleged debts. In effect they are "buying into someone else's lawsuit". A court has already found their claim to be champertous. The DVLA's position with regard to the Data Protection Act has been compromised by permitting its KADOE customers to share data for such purposes.

I appreciate this is not the appropriate forum for further discussion of these matters and will be sending a separate report to your Data Sharing Policy Team. Meanwhile I trust you will also pass on this information to the relevant department for immediate action.

Yours sincerely,

R Bostock

R Bostock left an annotation ()

As promised, I reported my concerns to the DVLA's Data Sharing Policy team. They have replied with unexpected speed. Basically, the letter assures me there is nothing to worry about because:
“Not all cases of alleged parking transgressions involve a subsequent request for DVLA data, as some cases involve the driver making representations to the parking operator direct.”

So: the DVLA is evidently confident that, of all the packages of unpaid parking charges sold to MIL Collections, there are none where the keeper details were sourced from their own database. Without seeing the evidence upon which the DVLA base this rather surprising assumption it is hard to share their confidence.

If they are in fact mistaken – if there is any evidence of MIL buying alleged debts where the keeper details came from the DVLA and not the driver or keeper direct – then I am sure the DVLA would be very grateful for the information. As they say, take their duties under the Data Protection Act very seriously.

This is what the letter says, in full:-

“Thank you for your e-mail of 20 October to Rob Toft.

I should clarify that there is only a requirement for a private parking company to seek permission from DVLA if it is intending to pass DVLA vehicle keeper data to a third party debt collector where there is no sub contract in place.

If no DVLA data is involved, then DVLA has no remit to prevent or interfere with how private parking companies engage with third parties. Not all cases of alleged parking transgressions involve a subsequent request for DVLA data, as some cases involve the driver making representations to the parking operator direct.

DVLA will take the opportunity to remind the accredited trade associations for the private parking sector of the need for operators to seek permission from DVLA before transferring DVLA data to third parties in the absence of a sub contract.”

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