Free Traffic Legal Advice

Reply is in post #42!

Thank you for allowing us to review the points raised, which we can respond to as follows.
 
With respect to your first question, we accept that your hire agreement with us would constitute a "hire agreement" for the purposes of Schedule 4 Paragraph 13 of the Protections of Freedoms Act.   
 
In respect of your second question, where a fine, charge or notice is issued to VWFS in relation to a vehicle that is leased to a customer under a hire agreement, VWFS has taken the decision not to provide a copy of the hire agreement to the issuer as this may include customer information which is not required by the issuer in order for them to identify who is liable. As such, we are not intending to rely on the provisions of Protections of Freedoms Act Schedule 4 Paragraph 13.
 
In relation to your third question, VWFS provide the relevant customer details necessary to allow the issuer to make further enquiries as to who is liable to pay the fine or charge in question. Our practices when handling (and disclosing, where necessary) personal data in these circumstances comply fully with our obligations under applicable UK data protection legislation, including the UK GDPR and Data Protection Act 2018.  In respect of our transparency obligations, individuals are informed of our data handling practices, nature and purpose(s) for processing (and the lawful bases which apply) amongst other important information via the privacy information presented to them at point of sale, as well as the Privacy Policy available at all times on our website: Privacy Policy | VWFS UK.
 
We can confirm we have asked our Continuous Improvement Team to review the content of our template letters and we appreciate your feedback.
 
I trust this clarifies the matter.
 
Kind Regards,
 
Jane Yaull
Customer Resolutions Executive
Customer Operations Department
VOLKSWAGEN FINANCIAL SERVICES (UK) LIMITED
Office: 0800 912 3560
Email: customerresolutions@vwfs.co.uk

Trace debt recovery letter

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Response from dvla complaint

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Does the email you received with the appeal rejection show or indicate that there were any attachments to it? If it can be used as evidence of the lying behaviour of UKPS, then it should be sent as additional evidence to a Step 2 complaint to the DVLA. Don't send the Step 2 complaint if you can show that the email you received shows or failed to show that there were any attachments, as I would have to amend the wording slightly.

To send the Step 2 complaint, you go through the same steps as for there initial complaint except that the web address is:

https://contact.dvla.gov.uk/head-of-complaints

Quote

Subject: Step 2 Escalation – Misuse of Personal Data and Deliberate Misrepresentation by UK Parking Solutions Ltd (UKPS)

Dear DVLA Head of Complaints,

I am writing to escalate my complaint regarding the misuse of my personal data by UK Parking Solutions Ltd (UKPS) to Step 2 of your complaints process.

This matter concerns not just technical breaches, but deliberate misrepresentation by a DVLA-approved KADOE user, acting in direct violation of the BPA/IPC Private Parking Single Code of Practice (PPSCoP) and the terms of the KADOE contract.

Background

As clarified in your Step 1 response, my data was not released to UKPS by the DVLA directly, but was passed to them via a Transfer of Liability by the vehicle’s registered keeper, Volkswagen Financial Services UK Ltd.

However, UKPS is a KADOE account holder, and the conditions of use attached to KADOE data access apply regardless of how the data was obtained. The purpose of the KADOE contract is to ensure that AOS members process personal data lawfully, proportionately, and in full compliance with the PPSCoP — including when pursuing charges via hirer liability under Schedule 4 to the Protection of Freedoms Act 2012 (PoFA).

Substance of the Complaint – Deliberate False Representation

UKPS issued a Notice to Hirer (NtH) which falsely states that it encloses all four documents required under Paragraph 13(2) of PoFA. In reality, none of these documents were enclosed. This was not an accidental omission — the covering page explicitly asserts that the documents are included, which makes this a deliberate misrepresentation.

This was not an isolated incident. UKPS has now repeated the false claim in their written response to my appeal. They stated that the Transfer of Liability was “attached,” when in fact nothing was enclosed. This is consistent with the earlier Notice to Hirer, which similarly claimed that four PoFA-mandated documents were included — when they were not. The repeated nature of these omissions, accompanied by false assertions that the documents were provided, demonstrates deliberate misrepresentation and unlawful data processing, not administrative error. This is a clear abuse of DVLA-sourced personal data, and one that warrants regulatory action.

The effect of this is that UKPS is:

• Asserting that the statutory requirements of PoFA have been met (when they haven’t);
• Knowingly processing personal data on a false legal basis;
• Misleading the recipient about their liability in order to extract payment.

This goes far beyond mere sloppiness. It is a calculated and mendacious act designed to fabricate the appearance of PoFA compliance and shift liability unlawfully.

If the DVLA accepts such conduct at face value, then it is allowing the integrity of the vehicle register to be undermined by rogue operators. The PPSCoP and KADOE contract become meaningless if operators can simply lie about their compliance and continue to access and process personal data without oversight or consequence.

Recommendation

Perhaps it is time the DVLA stops assuming that operators are acting in good faith and starts investigating whether they are, in fact, lying. I strongly suggest that the DVLA conduct a sting operation — for example, by hiring a vehicle and deliberately breaching a term in a car park operated by UKPS. The resulting NtH is likely to contain the same false assertion that the required documents are enclosed, when in reality they will not be. This would serve as hard proof that the breach is systemic and deliberate, not accidental.

Request

I am therefore asking the DVLA to:

• Investigate whether UKPS’s actions amount to a breach of the KADOE contract and PPSCoP;
• Determine whether the deliberate false assertion of PoFA compliance invalidates the legal basis for processing my personal data;
• Consider enforcement action including suspension or termination of KADOE access if breaches are established;
• Acknowledge that “self-certification” by operators is wholly inadequate when clear evidence exists of falsified statutory compliance.

Please confirm receipt of this escalation and provide a Step 2 complaint reference. I am happy to provide copies of the NtH and supporting evidence again if required.

Yours faithfully,

[Your Full Name]
[Original DVLA Complaint Date / Reference Number]

So the email contained none of the 4 required documents, and the posted version only had the transfer of liability enclosed...

Response from SEAT:

Thank you for contacting Seat Financial Services.

A complaint has been opened for your concerns to be investigated, and a formal full and final response sent to you at the end of the investigation. You will receive an acknowledgement in the next 3-5 days, and your case handler will have up to 8 weeks for the investigation.

Your complaint reference number is FLE-747262.

Can you confirm the best correspondence method for if we should contact you, whether that should be telephone, email or letter please. Following this can you confirm the best way to send you a full and final response whether that be letter or email please.

Please confirm you are happy for us to contact you via this email address without further verification?

Should you have any further questions, please feel free to contact us.

You can also find lots of information on our website at myseatfinance.vwfs.co.uk or please call our customer services team on 0330 100 8913 between 9AM – 6PM from Monday to Friday and 9AM – 1PM on Saturday.

Kind Regards
Lauren Spurway

Response from
DVLA

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Just received the following reply to my appeal to UKPS by email.

They say they have attached the transfer of liability in the email but there were no attachments.

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