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DVLA Charge to find out who accessed my Data, Not an FOI request
instrumentsofjoy
post Tue, 14 May 2013 - 12:18
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I emailed the DVLA to see who had requested to see my data because the company is well out of time with the Notice to Registered Keeper.

(I have made a soft appeal and hope they take it to POPLA).

The DVLA have come back with this:

Dear Mr

Thank you for your email request relating to release of information from the DVLA vehicle records. As one of the managers of Vehicle Record Enquiries section, it has been passed to me. I must advise that the type of enquiry you are making is not dealt with under the Freedom of Information Act. This is a Data Subject Access Request which is dealt with under the Data Protection Act.

Please submit your request by letter with the required administrative fee of £5.00 by cheque or postal order, made payable to DVLA. The address to send it to is:

FAO Linda Hopkins
DVRE 2
DVLA
Longview Road
Swansea
SA99 1AJ

I am sorry for the inconvenience caused, however this is the required procedure for applying for information. I will be pleased to assist you promptly upon receipt.

Has this happened to anyone else? Seems strange that the DVLA charges parking companies £2.50 to access the data and £5.00 for the person whose data it is (so to speak!)

I asked who accessed it; what reason they gave; date of access and date of reply.

I filled in the form on their website for FOI requests.


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post Tue, 14 May 2013 - 12:18
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instrumentsofjoy
post Tue, 14 May 2013 - 12:18
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I emailed the DVLA to see who had requested to see my data because the company is well out of time with the Notice to Registered Keeper.

(I have made a soft appeal and hope they take it to POPLA).

The DVLA have come back with this:

Dear Mr

Thank you for your email request relating to release of information from the DVLA vehicle records. As one of the managers of Vehicle Record Enquiries section, it has been passed to me. I must advise that the type of enquiry you are making is not dealt with under the Freedom of Information Act. This is a Data Subject Access Request which is dealt with under the Data Protection Act.

Please submit your request by letter with the required administrative fee of £5.00 by cheque or postal order, made payable to DVLA. The address to send it to is:

FAO Linda Hopkins
DVRE 2
DVLA
Longview Road
Swansea
SA99 1AJ

I am sorry for the inconvenience caused, however this is the required procedure for applying for information. I will be pleased to assist you promptly upon receipt.

Has this happened to anyone else? Seems strange that the DVLA charges parking companies £2.50 to access the data and £5.00 for the person whose data it is (so to speak!)

I asked who accessed it; what reason they gave; date of access and date of reply.

I filled in the form on their website for FOI requests.


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alggomas
post Tue, 14 May 2013 - 12:48
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This is standard.
Most companies charge £10.
They will then send you everyone who seemed information about you. Not necessarily the reason. I did this with Sky and had over 100 pages. This includes any recorded telephone calls.
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TRX75
post Tue, 14 May 2013 - 13:02
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QUOTE (instrumentsofjoy @ Tue, 14 May 2013 - 13:18) *
I filled in the form on their website for FOI requests.


That's where you went wrong - it's not an FOI request. See HO87's post in this thread for the correct (and free of charge) way to do it.
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Broadsword
post Tue, 14 May 2013 - 13:03
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Dear Sir,

Ref Vehicle Reg

Thank you for your response of the (date) 2013. I would like to modify my enquiry as follows. I am seeking details of any action taken by the DVLA as a Freedom of Information Request.

The Protection of Freedoms Act 2013 imposes strict time limits within which registered keeper's data may be requested. The Data Protection Act obliges the DVLA to process data lawfully.

Please find attached a copy of a Notice to Keeper from (name of PPC)

Accordingly I would be grateful if you could confirm;

(a) the date and time that (the name of the PPC) requested my personal data; and
(b) the date and time that the DVLA made that data available.

I would be grateful if you could reply by the xxth May 2013.

Regards
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nigelbb
post Tue, 14 May 2013 - 13:19
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I can confirm that when I emailed an email similar to the following with a scan of the NTK attached to foi@dvla.gsi.gov.uk I got the information back within a few days & at no charge.


QUOTE
Hi,

I have just received a claim for a parking charge from a PPC who have obtained my details as Registered Keeper from the DVLA. I would please like you to confirm exactly when the details for my vehicle XXXXXXXX were requested the organisation or company that requested the details and what the grounds for their request were. I attach the document that I received from the PPC addressed to me at the address where the car is registered.

I need the answers to my questions as a matter of urgency as I evidently must respond to this claim within 28 days from DD-MM-YY if I wish to appeal & the information that I have requested from you is necessary for me to decide my grounds for an appeal. If you do not respond in a timely fashion and I suffer as a consequence I shall take issue with you for the delay.

Regards

nigelbb


This post has been edited by nigelbb: Tue, 14 May 2013 - 13:20


--------------------
British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf
Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012
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emanresu
post Tue, 14 May 2013 - 13:52
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**** Nigel. If everyone that got a fake invoice requested confirmation from the DVLA that the company requesting the RK data were the ones who had the "claim", it would well and truly gum up the works.

Hats off to you
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instrumentsofjoy
post Tue, 14 May 2013 - 16:17
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Thanks everyone and I've sent it off as you suggested.

I am still dealing with the speculative invoice but I will come back once the full story can be told.

This post has been edited by instrumentsofjoy: Tue, 14 May 2013 - 16:17
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instrumentsofjoy
post Wed, 15 May 2013 - 08:28
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And thanks again - that worked.
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hoohoo
post Wed, 15 May 2013 - 10:13
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QUOTE (instrumentsofjoy @ Wed, 15 May 2013 - 09:28) *
And thanks again - that worked.


Interesting. I also amended my FOI request in the same way, but have not yet even had a response, let alone a result.

Does anyone know how long they have before they must make a reply on the lines of 'we received your foi request and will process it by xyz'

Or did yours come back with the results straight away? If so, mine may take a bit longer, due to the amount of vehicles and incidents involved :-O
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Broadsword
post Wed, 15 May 2013 - 10:16
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QUOTE (hoohoo @ Wed, 15 May 2013 - 11:13) *
Does anyone know how long they have before they must make a reply on the lines of 'we received your foi request and will process it by xyz'


In line with Secretary of State targets the Driver and Vehicle Licensing Agency is expected to send a reply within 10 full working days, or to send an interim response if it is going to take longer (although if they treat it as an FOI they have 20 working days)

Instruments - you have a PM

This post has been edited by Broadsword: Wed, 15 May 2013 - 10:18
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anonymouse123
post Fri, 2 Jan 2015 - 12:35
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I have followed the advice in this thread but I am having no luck with DVLA.

My first email:

Please can you provide details of all requests for the release of information in relation to vehicle xxxxxxx for which I am the registered keeper, from Oct 2014 onwards.

Their response:

So that we may help you with your enquiry, you will need to submit your request on form V888 which is available to download by clicking here. The completed V888 should be sent to:

Vehicle Record Enquiries
DVLA
Swansea
SA99 1AJ

A copy of a utility bill or bank/building society statement, which shows your current address, issued within the last three months, must accompany a V888 request. Please fully read the guidance notes on the V888 before sending your application.

There is a fee for this service. Please make cheques or postal orders payable to DVLA Swansea.

You will receive a reply within 4 weeks.

If you are unable to download and complete the V888 and require the form to be posted to you, please call our Vehicle Customer Services team on 0300 790 6802. Our opening hours are 8.00am to 7.00pm Monday to Friday and 8.00am to 2.00pm on Saturday.

My second email:

Thank you for your reply. Unfortunately your response is not relevant to my request.
The V888 form you mentioned in your email is used to request registered keeper details for a particular vehicle. This is not what I have asked for.
What I have actually requested is the details of who has been making enquiries on my vehicle (i.e. third­parties) within the past 3 months. This information is free to provide and does not require completion of any additional forms.
Please respond with the information I have requested. Thank you.

Their response:

Perhaps it would help if I explain that a V888 form also covers any enquiries regarding information about a vehicle that was previously registered; or is registered in your name – the fee is £5.

However if you believe that your details have been obtained fraudulently or misused; you should write to –

Driver and Vehicle Record Enquiries
DVLA
Swansea
SA99 1AJ

Please include details of how the information has been misused and the vehicle registration number. DVLA will investigate all allegations where information has been requested unlawfully and where appropriate.


How do I convince these people to simply do what I've asked?

Thanks
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hoohoo
post Fri, 2 Jan 2015 - 12:47
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QUOTE (anonymouse123 @ Fri, 2 Jan 2015 - 12:35) *
How do I convince these people to simply do what I've asked?


A cheque for £5 will convince them.

However, failing any understandable desire to do that, you need to rewrite this as a complaint, not an FoI.

Dear DVLA,
I wish to complain that a parking company has misused data you provided to them. Please investigate this complaint. The company are claiming keeper liability, but this does not apply because they have not complied with the timescales in POFA 2012. I enclose copies of correspondence.


The best way to deal with the DVLA is to make them do more work than if they had simply satisfied your request in the first instance.

This post has been edited by hoohoo: Fri, 2 Jan 2015 - 12:48
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dandyman
post Fri, 2 Jan 2015 - 12:47
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Either frame it as a complaint that you believe your details have been misused, or pay the £5.

For further help or discussion please start your own thread instead of bumping ancient ones.
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Atomic Tomato
post Fri, 2 Jan 2015 - 12:55
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QUOTE (anonymouse123 @ Fri, 2 Jan 2015 - 12:35) *
I have followed the advice in this thread but I am having no luck with DVLA.
How do I convince these people to simply do what I've asked?

Thanks

The advice in this thread was to request the details of a particular request for your details and include the nto as proof.
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