Hi guys. My daughters car is registered in my name as she is a student with little income so I tax, insure and MOT the car for her.
The Water Board got shirty with me regarding an unpaid bill, this bill was not valid etc....., but thats not important right now. The bill was in my name.
The upshot was that Sherforce HCEO came to collect on the Water arrears and took my daughters car. We are currently awaiting the date for a hearing regarding the ownership of the car as Sherforce believed it to be mine due to my being the registered keeper.
Anyhow, the way I see it is that the DVLA have breached the Data Protection Act, so I have crafted the letter below informing them that they are in breach of any implied contract between us and that I am now in my rights to break the contract should I see fit. I have also warned them of the penalty for giving out my details to a private third party again.
I'd love to get anyone's opinion on this.
DVLA LETTER RE SHERFORCE
Dear Ms. Evans
RE: DATA PROTECTION
On February 2, of this year, my daughters car was unlawfully taken by Sherforce High Court Enforcement as a payment for a debt in mine and my husbands name.
My daughter is currently pursuing legal action against Sherforce for the return of her car, however, Sherforce have told us that they made all of the relevant checks to ensure that the car belonged to me. I questioned their methods and they stated that they had gotten the details of the registered keeper from the DVLA.
I am indeed the registered keeper, due to the fact that I am responsible for paying the road tax etc... as my daughter is a full time student on a minimal income.
I believe that the DVLA are in breach of the Data Protection Act 1998 by supplying my confidential details to a third party.
I would like to know why the DVLA would give out my details to a private company?
What criteria does a private company or individual have to satisfy in order for the DVLA to supply the details of a registered keeper of a particular conveyance? What are the fees charged for this service?
Before giving out personal information, does the DVLA vet the recipients?
Does the DVLA stress that the details they are supplying are not in any way indicative of ownership?
I have satisfied DVLA regulations by registering the car appropriately. According to current legislation, 'whoever taxes the vehicle must register as the keeper', this I have done as part of any implied contract between myself and the DVLA.
I now consider that the DVLA have breached our contract, and if a contract is breached by one party, I believe the other party are within their rights to end the contract. Be aware that my daughter and I are intending to hold the DVLA accountable for the disclosing of private information to a company who have no rights whatsoever to be party to that information.
As I understand it, DVLA hold the legal title to the vehicle which makes them the trustee, and, as such, are supposed to protect mine and my daughters' interest in that vehicle. How were DVLA protecting our interest by giving out my personal details to a third party?
For the avoidance of doubt, A****** *********, D***** ******** and M***** ********, hereby rescinds any and all notices to pass on any personal data whatsoever. Any presumed authority you believe you have in any respect whatsoever over us is also rescinded. Any and all Fair Processing Notices and any requisite permission whatsoever you think you have; and any power you believe you have over us whatsoever is hereby rescinded.
Should I find that the DVLA have given out any of our personal details to ANY private company or individual in future, we WILL impose a fine no greater than £2,000.00 per breach.
I look forward to receiving your reply.
Mrs A J *********