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How DVLA complies with reasonable cause, A quote from them
reca
post Fri, 10 Jul 2020 - 20:58
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Quote in full.

"Compliance with regulation 27(1)(e) is given effect through the KADOE Contract generally (see paragraph B1
of the contract). The statutory requirement to disclose only if reasonable cause is shown is given effect in the
definition of “Reasonable Cause” (paragraph A.10), and the restriction on use of the Data under paragraph
B2.2(a)."


Unfortunately for the DVLA, there is something called 'actual predetermination' used in public law challenges.


The DVLA has decided that there is reasonable cause before it recieves the request for data. Nice.

This post has been edited by reca: Fri, 10 Jul 2020 - 20:59
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post Fri, 10 Jul 2020 - 20:58
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Jlc
post Sat, 11 Jul 2020 - 08:14
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It stinks.

But the argument is that they only supply the information to approved operators. And they all follow the code of practice to the letter and never make mistakes. No siree.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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reca
post Sat, 11 Jul 2020 - 08:28
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Things are moving, albeit slowly.



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cp8759
post Sat, 11 Jul 2020 - 09:37
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So are you taking out a judicial review?


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reca
post Wed, 15 Jul 2020 - 15:57
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QUOTE (cp8759 @ Sat, 11 Jul 2020 - 10:37) *
So are you taking out a judicial review?



no but I am going to sue the DfT in county court.

I need to draft some simple PoC.


"For the purposes of this claim the defendant was a data controller and the claimant a data subject as defined by the Data Protection Act 1998".

In or about xxxx xxxx, the defendant, via its executive agency, the DVLA, released the registered keeper details of motor vehicle xxxx to xxxxxx,
a private parking company pursuant to regulation 27(1)(e) of the xxxxxx 2002.

The defendant released the data without first considering if he was satisfied that there was reasonable cause for wanting the data."

etc.



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sean5302
post Wed, 15 Jul 2020 - 16:23
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QUOTE (reca @ Wed, 15 Jul 2020 - 16:57) *
QUOTE (cp8759 @ Sat, 11 Jul 2020 - 10:37) *
So are you taking out a judicial review?



no but I am going to sue the DfT in county court.

I need to draft some simple PoC.


"For the purposes of this claim the defendant was a data controller and the claimant a data subject as defined by the Data Protection Act 1998".

In or about xxxx xxxx, the defendant, via its executive agency, the DVLA, released the registered keeper details of motor vehicle xxxx to xxxxxx,
a private parking company pursuant to regulation 27(1)(e) of the xxxxxx 2002.

The defendant released the data without first considering if he was satisfied that there was reasonable cause for wanting the data."

etc.


The DfT is a "major governmental body" which means you can't sue them in the county court.
If you've taken them through all their complaints procedures, including the Parliamentary and Health Service Ombudsman via your MP, your only redress is to judicial review at the Administrative Court.
£154 to ask for permission and another £770 for a hearing.
You pay their costs when you lose.
(Don't ask me how I know).
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reca
post Wed, 15 Jul 2020 - 16:35
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You can issue any kind of proceedings against the Crown.

As the DfT is a gov dept service on the SoS at kemble street.

have a nice day.
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cp8759
post Wed, 15 Jul 2020 - 20:14
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QUOTE (sean5302 @ Wed, 15 Jul 2020 - 17:23) *
The DfT is a "major governmental body" which means you can't sue them in the county court.

Yes you can, if you slip over in a DfT building and want to bring a personal injury claim of course you can sue in the county court. I don't see why a DPA claim would be any different.

QUOTE (reca @ Wed, 15 Jul 2020 - 16:57) *
QUOTE (cp8759 @ Sat, 11 Jul 2020 - 10:37) *
So are you taking out a judicial review?



no but I am going to sue the DfT in county court.

I need to draft some simple PoC.


"For the purposes of this claim the defendant was a data controller and the claimant a data subject as defined by the Data Protection Act 1998".

In or about xxxx xxxx, the defendant, via its executive agency, the DVLA, released the registered keeper details of motor vehicle xxxx to xxxxxx,
a private parking company pursuant to regulation 27(1)(e) of the xxxxxx 2002.

The defendant released the data without first considering if he was satisfied that there was reasonable cause for wanting the data."

etc.

It looks like it might be a viable claim. Did you want to post up your draft pleadings, once they're ready, so we can help firm them up?


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reca
post Wed, 15 Jul 2020 - 20:58
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The library opens in about a week, I will find a specimen claim.

I am not going to bring a human rights claim as this takes it out of small claims I think. It will be dpa 98 only, s13.

the parking company that took my data did it twice in the same day, wanna hear what the dvla has to say about that.

dvla has admitted 'no human involvement' in process, jokers.

Claim will prob go to RCJ, a long train ride for me. mellow.gif



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cp8759
post Wed, 15 Jul 2020 - 21:23
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That's not a good start, dpa 98 s13 has been repealed.


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reca
post Wed, 15 Jul 2020 - 21:36
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It was repealed on 25 May 2018, but is still the right one to use.

Example:

"The Data Protection Act 1998 was in force at the time of the Disclosure. It was repealed with effect from 25 May 2018 and replaced by the General Data Protection Regulation 2016/679 and the Data Protection Act 2018. References in this judgment to "the DPA" are to the 1998 Act. Although the DPA is no longer in force, it is common ground that Mr Scott may bring proceedings under that Act in respect of the Disclosure on 25 July 2016."



nice dpa case
https://www.bailii.org/ew/cases/EWHC/QB/2020/1812.pdf

Warby is a good judge imho

This post has been edited by reca: Wed, 15 Jul 2020 - 21:41
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cp8759
post Wed, 15 Jul 2020 - 21:52
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And did your cause of action arise prior to 25 May 2018?


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reca
post Wed, 15 Jul 2020 - 22:16
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yes, so i need to check limitation period, I guess 6 years.

I need to check to see if there is a PAP, prob not.
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