This contract allows parking companies to engage debt collectors to pursue debts, but it does not allow them to sell the debt on to another party.
Despite this a number of parking companies have ignored their contract with the DVLA and have been selling their data to rogue debt collector MIL Collections for as little as £1 per parking charge.
MIL are well known for their aggressive practices which include blatantly lying on the telephone, using false and misleading information in letters, and pursuing debts despite not having in any known case a valid letter of assignment (MIL use an undated 'deed' which has no references to any actual parking charge and in some cases has provably been in existence before the assignment occurred as a recycled deed has been used).
The DVLA initially took no action to protect motorists despite being informed of this practice many years ago, when MIL first started to buy up parking charges. Since then, MIL have caused misery and essentially 'robbed' large numbers of motorists by claiming charges which are not valid.
The DVLA has now finally taken action.
The DVLA has issued a statement to the Trade Associations on the matter of Debt Assignment
You will be aware that DVLA has been considering whether to permit private parking companies passing on DVLA vehicle keeper data to third parties as part of the assignment of unpaid alleged private parking charges. The term used in this context to describe this activity is "debt assignment."
The KADOE contract does not provide for the onward disclosure of vehicle keeper data by parking companies for debt assignment, and any proposals to do so require the parking company to seek written authorisation from DVLA. However, following representations from the sector, DVLA agreed to consider its position further.
I can now advise that the Agency has concluded that it will not be changing its position on this matter. As was the case with previous requests from parking companies, DVLA will not allow vehicle keeper data originating from DVLA records to be provided to third parties as part of a debt assignment arrangement. The Agency will consider disclosure of data obtained from DVLA to third parties as part of a debt assignment arrangement as a breach of contract which could result in suspension.
British Parking Association Statement
The British Parking Association has stated they will fully support the DVLA in this matter, and that this is a serious breach which could result in the award of 10 sanction points.
12 sanction points results in an immediate ban.
The International Parking Community
The IPC have not made any public statement on this matter. However, their code of practice states
5.2 You must not pass any Personal Data to any third party company who is not a member of an Accredited Operator Scheme (or similar scheme of a different name) with an Accredited Trade Association or a firm entitled to carry on reserved legal activitiesAccording to their sanction scheme, misuse of personal data can result in 6-12 sanction points, with a starting point of 10.
Factors indicating higher degree of harmMIL Collections
1. Personal Keeper’s Data compromised or
used or obtained inappropriately.
MIL Collections are run by failed businessman Alan Davies. Any motorists whose keeper data was purchased from the DVLA by a parking company and then sold on to MIL should raise a complaint with the DVLA and the appropriate trade association, the BPA or IPC.
Misuse of personal data is an offence against the Data Protection Act 1999, so you may also have a valid claim against MIL Collections and the parking company. As the DVLA allowed this practice to carry on for some considerable time despite being notified, you may also have a claim against the DVLA, as they have a legal responsibility to keep keeper data free from misuse.
If you provided your data directly to the parking company, without the DVLA being involved, then this does not apply.
The Parking Prankster