MIL Collections have told the DVLA they will not process DVLA data obtained from any parking company.
The DVLA confirmed this in an email from David Dunford dated 2 Feb 2017.
The Prankster therefore wonders why MIL Collections continues to process DVLA data in complete disregard if its promise to the DVLA.
The Prankster suggests any motorist who MIL is taking action against does the following.
1) Check if their data was obtained from the DVLA (if they got a notice to keeper, then this will be the case). If you don't know, ask the DVLA by giving them your registration and the date of the event.
2) Send a copy of the above email to MIL Collections owner, Alan Davis and ask him why his minions are continuing with the case when he has promised the DVLA he will stop processing DVLA data. You can send it to his email address, aland@milcollections.co.uk, and copy in his legal team ls@milcollections.co.uk
3) Send a copy of the above email to the DVLA and state that MIL seem to be reneging on their promise to the DVLA and are using their personal data
You can contact the DVLA at
Data Sharing Strategy & Compliance
Strategy, Policy & Communications Directorate
D16
DVLA
Swansea
SA99 1DY
It may be worth copying in David Dunford who is investigating this.
david.dunford@dvla.gsi.gov.uk
If MIL have provided you a copy of the alleged deed of assignment between MIL and the parking company, send the DVLA a copy. MIL seem to be reusing the same deed pretending it was enacted on different dates. Here is what a typical one looks like.
MIL told the court this one was assigned by Northwest Parking Enforcement Limited in April 2016. If your copy looks exactly the same but MIL said was enacted on a different date, point this out to the DVLA.
Also send the DVLA a copy of the letter of assignment, purportedly from the parking company, but actually sent by MIL. This one was also purportedly assigned in April 2016.
The DVLA can then take these documents and compare them with the documents MIL and the parking company have given the DVLA, to see if there are any inconsistencies.
If the DVLA confirm to you that MIL should not be using your data, you can then forward their letter to MIL and ask them to stop.
You can also consider a claim against the parking company for misusing your data. A valid claim would seem to be in the region of £250 to £750, depending on the severity of the breach.
Court Hearing
If you have a court hearing in the next few days and don't have time to wait for the DVLA, take a copy of the above email to court and ask MIL's representative to explain. Any decent representative will contact MIL for clarification.
Happy Parking
The Parking Prankster
quote from DVLA" it has been identified that the company concerned has not breached DPA intentionally but believed their processes were in compliance withn the KADOE Contract . As such , DVLA will not be taking any formal action ."
ReplyDeletedated 8th feb 2017 , post # 21 http://forums.pepipoo.com/index.php?showtopic=111560&st=20
Deed of ASSIGNMENT
ReplyDeleteFrom the point of view of s.13(1) DPA it matters not whether the breach was intentional or otherwise. The wording is simply:
ReplyDelete"An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage."
It says "any contravention" not "any intentional or negligent contravention".
if that letter was sent at the beginning of feb , how come MIL Collections v Mrs D, Carlisle County Court. 13/2/17?
ReplyDeleteWhy do they need a deed of assignment in the first place if they are a subcontractor? What a waste of effort.
ReplyDeleteNo, hang on...
I have made Mil collections aware that they should not have my details and also told the court and sent them copies of the DVLA letter but they still have not discontined and the hearing date is a week away.
ReplyDeleteI won.
ReplyDelete