Personal information

P Newton made this Freedom of Information request to Driver and Vehicle Licensing Agency

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Driver and Vehicle Licensing Agency,

This is a request for information under the Freedom of Information Act.

Specifically regarding Merseyflow who operate the Mersey Gateway Road Charging Scheme.

Let us begin with a maxim of law; we are all equal in the eyes of the law, the law of the land (The Golden Rule).

Great Britain is a Common Law jurisdiction, therefore, the Common Law right to travel freely, unhindered, unencumbered and without levy has long been established, so much so that such a fundamental human right is older than any Government or Parliament of Great Britain.

A PCN is an offer to contract with the issuing party, there is nothing on the face of this Earth which Lawfully Obligates men and women from entering into contract or paying a PCN. There maybe a Legal Requirement, this however is very different from one who is Lawfully obligated or commmanded to comply with something.

For an on the record, a Legal Request requires consent or agreement whereas a Lawful Obligation does not.

The role of Commercial Agents howsoever named, is to engage in the business of commerce under the well accepted principles of agreements, trusts and consent, pursuant to Trust, Contract and Commercial Law etc.

Having read the above, according to the information you hold, what is the Law that you rely on which allows you to share the personally identifying data of Registered Keepers of Private Vehicles, to another 3rd party commercial entity, namely Merseyflow so they can attempt to enforce Penalty Charge Notices against men and women who choose not to contract or consent?

For the record, it is my contention that unless Registered Keepers have explicitly given DVLA their consent for you to share their personal data with 3rd party’s, you are engaged in unconscionable conduct and are committing serious breaches of trust and confidence.

Who is the regulator for DVLA? Is the information commissioner aware of your activity?

By reasonable accommodation,
Peter Newton

FOI FOI, Driver and Vehicle Licensing Agency

1 Attachment

Dear Mr Newton,

 

Thank you for your email of 1 July sent to the Freedom of Information
(FOI) email address about the release of personal information from the
Driver and Vehicle Agency (DVLA) database to a third party.  Your email is
being answered as routine business and I am providing the following
information outside of the FOI Act.

 

I can assure you that the DVLA takes the protection and security of its
data very seriously and has procedures in place to ensure data is
disclosed only where it is lawful and fair to do so.

 

Information about registered keepers of vehicles can be released by the
DVLA under Regulation 27 of the Road Vehicles (Registration and Licensing)
Regulations 2002.  This legislation allows vehicle keeper details to be
disclosed to third parties who can demonstrate that they have a reasonable
cause to receive it and is not based on the consent of the data subject.  
Disclosure in these circumstances does not breach the Data Protection Act
and the Information Commissioner’s Office is fully aware that data held on
the DVLA’s records is released in this way.

 

Yours sincerely,

 

David A Morgan

Freedom of Information Team

Data Sharing & Protection Group | Strategy, Policy and Communications
Group | C2 | DVLA | Swansea | SA6 7JL

Twitter: [1]@dvlagovuk

 

 

[2]cid:image002.png@01D1066D.45D3B7C0

 

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

Rydym wastad yn llwyddo i ddod o hyd i gar heb dreth. Trethwch ef neu
byddwch yn ei golli.

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

 

 

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

Please visit [4]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.gov.uk/browse/driving

Dear David A Morgan,

Thank you for your response, however, you appear to be assuming that you own the data for which men and women have registered their vehicles with you.

Personal Data is entrusted with the DVLA, why therefore do you never disclose to those registering their vehicles that their private data may be shared with 3rd parties. Why do you not simply ask them? A proportion of private commercial entities who you are supplying private data to, do so with the intention of nothing but plundering as much of the sweat equity of peoples labour for such nonsense as overstaying their time in a car park. This is immoral practice and has driven people to take their own lives, including that of my daughter, because she was terrified of bailiffs turning up at our house and had kept matters to herself. Had you not shared her personal data with inland pirates, she would still be here. Your conduct is utterly abhorrent and in direct conflict with the Universal Declaration of Human Rights. Personal data does not belong to agents of DVLA, it is not yours to do as you please.

Let me conclude with two Maxims of Law: (1) Every right when with-held must have a remedy, and every injury it’s proper redress. (2) In the absence of an injured party there can be no crime “corpus delecti”; the State, Municipal or Private Corporation or Government Office cannot be the injured party.

I will be writing to the Prime Minister about this, things need to change.

By reasonable accommodation,
P Newton

FOI FOI, Driver and Vehicle Licensing Agency

1 Attachment

Dear Mr Newton,

 

Thank you for your further email of 2 July about the release of
information from DVLA records.

 

Please accept my condolences on your sad loss, I appreciate that it can be
difficult to address such matters while you are grieving.

 

I have noted your comments, however, the DVLA has a statutory obligation
to consider requests for vehicle keeper information. As previously
explained, the names and addresses of registered keepers of vehicles can
be lawfully released to those who can demonstrate reasonable cause to
receive it.  The DVLA provides vehicle keeper details as a first point of
contact, to establish where liability for an incident or event may lie.
This is provided for in regulation 27 of the Road Vehicles (Registration
and Licensing) Regulations 2002. Also the release of information under
Regulation 27 does not contravene the Human Rights Act.

 

The DVLA is mindful of the importance of making individuals aware of the
circumstances in which their data may be released.  The DVLA advises
vehicle keepers and driver of how their data will be used and where it may
be disclosed.  This information is published online at
[1]www.gov.uk/government/publications/release-of-information-from-dvlas-registers.

 

You can find out more information in our privacy policy which can be found
on-line using this link
[2]https://www.gov.uk/government/publicatio.... This
Policy explains the reasons why we collect and process personal data
relating to you and your vehicle and provides the relevant legislation
that allows us to do so.

 

If you are still unhappy with our response and believe that the DVLA
released information incorrectly, the Information Commissioner’s Office
(ICO) is the UK’s independent body set up to uphold information rights and
to ensure those handling personal data comply with the Data Protection
Act. Further details can be found online at [3]https://ico.org.uk/.  The
DVLA will of course be more than happy to assist the ICO in any way it
can. 

 

Yours sincerely,

 

David A Morgan

Freedom of Information Team

Data Sharing & Protection Group | Strategy, Policy and Communications
Group | C2 | DVLA | Swansea | SA6 7JL

Twitter: [4]@dvlagovuk

 

 

[5]cid:image002.png@01D1066D.45D3B7C0

 

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

Rydym wastad yn llwyddo i ddod o hyd i gar heb dreth. Trethwch ef neu
byddwch yn ei golli.

Go to/Ewch i [6]www.gov.uk/vehicletax

 

 

************************************************************************************
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.gov.uk/government/publication...
2. https://www.gov.uk/government/publicatio...
3. https://ico.org.uk/
4. http://www.twitter.com/dvlagovuk
5. http://www.gov.uk/dvla
6. http://www.gov.uk/vehicletax
7. http://www.gov.uk/browse/driving

To the DVLA information complaince officer,

Thank you for your response.

You claim to have a statutory obligation to consider requests for information for which Registered Keepers have entrusted with the DVLA, a Fiduciary agent for the Secretary of State, Registered Keepers being the beneficiary of the constructed Trust arrangement.

STATUTE: “A legislative rule given the force of law by the consent of the governed”.
We would note from this definition of Statute, there is a mandatory requirement that there is the consent of the governed before the legislative rule can be given the force of law or acted upon. Consent, in this context, would constitute an agreement to be governed. This would require a formal agreement on and for the record, which is of material substance and not a belief.

Thinking and believing are mutually exclusive. They shall forever be in conflict. All that is “legal” relies on belief. Legal as opposed to Law, has little to do with right and wrong, it often has to do with monetary gain which is often not supported by Law or Judicial Precedent.

By reasonable accommodation,

P Newton

Owen G left an annotation ()

As i've stated on another of your requests, you have misunderstood the "consent of the governed" statement.

You do have a right to travel unhindered though....on foot. If you want to use a car, you need to follow the laws that go with that. There is no inherent right to be able to use a motor vehicle on public roads.

P Newton left an annotation ()

Owen G, once again, your assertion is incorrect. My recommendation would be to know your Law before commenting on my posts. As a Master of the Rolls in Ekklesia, I have 15,000 hours of study under my robes.