No response to the POPLA complaint, I've chased them today
DVLA responded to the step 2 complaint as follows:
Dear
Thank you for your email of 21 May about the release of information from our vehicle register and the dispute you have with the parking company Saba Park Services UK Ltd. Your case has been escalated to step 2 of our complaints procedure and I have been asked to reply.
We aim to reply within 10 working days. However, on this occasion, it has taken us longer as our current work volumes are higher than usual. Please accept my apologies for this.
I understand you feel that Saba Park Services UK Ltd did not meet the requirements set out in the Protection of Freedoms Act (POFA) 2012, and that they have breached the Private Parking Single Code of Practice. I fully appreciate you feel that although the company had reasonable cause to request your information, this was then misused. However, I must advise that it is not a matter for the DVLA to decide on the merits of individual cases or to arbitrate in any civil disputes between motorists and private companies or other enforcement agencies. We cannot regulate any aspect of a company’s business. Any representations should be made to the landowner or their agent.
I should explain that overall responsibility for off-street parking sits with the Ministry of Housing, Communities and Local Government (MHCLG). This includes matters relating to the applicability of the keeper liability measures provided by the POFA 2012. Therefore, you may wish to direct your complaint to MHCLG for consideration. They can be contacted by emailing parking@communities.gov.uk
It may also help to explain that the DVLA’s role in this context is to consider whether the release of information to third parties requesting the data meets the reasonable cause provision 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 parking companies is considered to be a reasonable cause.
Landowners would have great difficulty in enforcing their rights if motorists were able to park with impunity on private land. The contact details of the registered keepers of vehicles are provided as a starting point to allow alleged infringements of private parking terms to be followed up.
This disclosure is in keeping with data protection principles and the Information Commissioner (ICO) is aware that information held by the DVLA can be used in this way.
The ICO’s opinion regarding the lawful basis for the processing of vehicle keeper data is published here.
Recipients of information from our records are bound by contract and subject to audit. The supporting evidence relevant to each request must be held and stored securely by the company. Anyone making a false declaration to obtain information may be leaving themselves open to prosecution under data protection laws. As my colleague has explained, Saba Park Services UK Ltd, separately from us, is the data controller of each item of data received from us from the point of receipt. Saba Park Services UK Ltd has a duty to comply with data protection legislation and any data protection principles in relation to any further processing.
As my colleague has also explained, Saba Park Services UK Ltd are a member of the British Parking Association (BPA). Section 18 (page 30) of the code of practice (available here) covers monitoring compliance. If the BPA find that Saba Park Services UK Ltd have not followed the correct procedures, they will take the appropriate action. As previously advised, this could mean that the parking company is suspended or expelled. During which time no data will be provided to them by the DVLA. As noted on section 18.11 of the code of practice, the ATAs inform the DVLA and the other ATA immediately if an operator is suspended, expelled from membership.
In closing, I can assure you we have followed the correct procedures in releasing your data and we cannot become involved in the dispute that has now arisen between you and the parking company. Saba Park Services UK Ltd are responsible for making decisions about how the personal data they hold is handled, ensuring compliance with data protection regulations including the UK General Data Protection Regulation GDPR. If you cannot resolve this matter through appealing to Saba Park Services UK Ltd or via the BPA’s 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 enclosed leaflet, (MIS 582), which outlines the remit of the Independent Complaints Assessor (ICA).
Please note, an ICA cannot look at complaints about legislation, government, departmental or agency policy.
I must also advise that an ICA would review the handling of your enquiry but if you are not satisfied with the way that we (or indeed the other parties concerned) have handled your data, you should contact the Information Commissioner’s Office. Further information and their contact details can be found at ico.org.uk
Yours sincerely
DVLA Complaints Team
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