#3 Re: Liverpool airport £100 for stopping
on 06 Jul, 2025 09:14 in Private parking tickets
Reply from DVLA....Thank you for your email of 4 June about the release of information from our vehicleregister and the dispute you have with the parking company Vehicle Control Services (VCS)Ltd. Your case has been escalated to step 2 of our complaints procedure and I have beenasked to reply.We aim to reply within 10 working days. However, on this occasion, it has taken us longeras our current work volumes are higher than usual. Please accept my apologies for this.I understand you feel that Vehicle Control Services (VCS) Ltd did not meet therequirements set out in the Protection of Freedoms Act (POFA) 2012, and that they havebreached the Private Parking Single Code of Practice. I fully appreciate you feel thatalthough the company may have had reasonable cause to request your information, thiswas then misused. However, I must advise that it is not a matter for the DVLA to decide onthe merits of individual cases or to arbitrate in any civil disputes between motorists andprivate companies or other enforcement agencies. We cannot regulate any aspect of acompany’s business. Any representations should be made to the landowner or their agent.As you are aware, the law provides for the release of information from our records in certaincircumstances. Regulation 27 of the Road Vehicles (Registration and Licensing)Regulations 2002 permits the disclosure of information from vehicle records held by theSecretary of State for Transport to those who can demonstrate a reasonable cause forreceiving it. While reasonable cause is not defined in legislation, the government’s policy isthat requests should relate to the vehicle or its use following incidents where there may beliability on the part of the driver.I should explain that overall responsibility for off-street parking sits with the Ministry ofHousing, Communities and Local Government (MHCLG). This includes matters relating tothe applicability of the keeper liability measures provided by the POFA 2012. I can adviseyou that there will be significant changes within the private parking sector with the creationof a statutory Code of Practice and a single independent appeals service. MHCLG isresponsible for the implementation of these new measures. You may wish to raise anyconcerns you may have with them. They can be contacted by emailingparking@communities.gov.ukIt may also help to explain that the DVLA’s role in this context is to consider whether therelease of information to third parties requesting the data meets the reasonable causeprovision under Regulation 27(1)(e) of the Road Vehicles (Registration and Licensing)Regulations 2002. As you are aware, the release of information to private car parkingcompanies is considered to be a reasonable cause.The Information Commissioner’s Office (ICO) is fully aware of how data held on our recordsis released. The ICO’s opinion regarding the lawful basis for the processing of vehiclekeeper data is published here. This includes information regarding the sharing of data withcar park management companies under Article 6(1) of the UK General Data ProtectionRegulation (GDPR). It also explains that paragraph 11 of Schedule 4 of the Protection ofFreedoms Act (POFA) 2012 provides car park management companies with an enforceablelegal right to claim charges from vehicle keepers.Recipients of information from our records are bound by contract and subject to audit. Thesupporting evidence relevant to each request must be held and stored securely by thecompany. Anyone making a false declaration to obtain information may be leavingthemselves open to prosecution under data protection laws. As my colleague hasexplained, VCS, separately from us, is the data controller of each item of data receivedfrom us from the point of receipt. VCS has a duty to comply with data protection legislationand any data protection principles in relation to any further processing.As you are aware, private parking management companies wishing to request vehiclekeeper information must be members of an appropriate Accredited Trade Association(ATA). This helps ensure that requesters are legitimate companies operating in line with apublished code of practice that promotes fair treatment of the motorist and ensures thatthere is a clear set of standards for operators that cover, among other things, signage,appeals processes, and methods of contacting drivers. The Government is very muchaware of public concern about the enforcement practices adopted by some parkingmanagement companies. We are working closely with the parking sector to improveprocedures and to encourage compliance with relevant codes of practice. The ATA carriesout its own checks before allowing companies to become members and monitors ongoingcompliance with the code of practice.As previously advised, UK Car Park Management Ltd is a member of the InternationalParking Community (IPC). Under the circumstances, I suggest that you contact the IPCabout this matter, as the DVLA cannot comment on the issues you have raised regardingcompliance with the code of practice. It is the IPC’s responsibility to make sure theirmembers are operating according to the code of practice available atwww.theipc.info/publicationsSection 18 (page 30) of the code of practice covers monitoring compliance. If the IPC findthat VCS have not followed the correct procedures, they will take the appropriate action. Asmy colleague has explained, this could mean that the parking company is suspended orexpelled. During which time no data will be provided to them by the DVLA. As noted onsection 18.11, the ATAs inform the DVLA and the other ATA immediately if an operator issuspended, expelled from membership.If a company does not adhere to their contract with us, it could be suspended independentlyof any ATA investigation. I can assure you our audit arrangements ensure that requestershave appropriate internal controls in place to protect the information provided. Checks arealso conducted by the Government Internal Audit Agency (GIAA) on our behalf. Wherecompliance issues are identified, we will take appropriate action to ensure the matter isrectified.While I understand your concerns and that you feel that we have not complied with ourduties as the data controller, there is no evidence that VCS has breached any statutoryprovisions or other legal requirement affecting the Keeper At Date Of Event (KADOE)service. Schedule 4 of POFA 2012 could be applicable at the site in question, as theenforcement scheme at Liverpool John Lennon Airport is not operated under airportbyelaws.In closing, I can assure you we have followed the correct procedures in releasing your dataand we cannot become involved in the dispute that has now arisen between you and theparking company. VCS are responsible for making decisions about how the personal datathey hold is handled, ensuring compliance with data protection regulations including the UKGDPR. If you cannot resolve this matter through appealing to VCS or via the IPC process,or through contact with MHCLG, you have the option of seeking independent legal advice.Ultimately it would be for a court to determine the validity of any claim.This brings the DVLA procedure to an end. Further options can be found in the enclosedleaflet, (MIS 582), which outlines the remit of the Independent Complaints Assessor (ICA).Please note, an ICA cannot look at complaints about legislation, government, departmentalor agency policy.I must also advise that an ICA would review the handling of your enquiry but if you are notsatisfied with the way that we (or indeed the other parties concerned) have handled yourdata, you should contact the Information Commissioner’s Office. Further information andtheir contact details can be found at ico.org.uk