[log in to unmask] on 07 July 2005 at 06:56 said:-

> DVLA are only supposed to release details of registered 
> keepers where there 
> is "reasonable cause" to suspect the person has committed an 
> offence.  If they 
> are giving you details of a person who is unlikely to have been the 
> owner/keeper of a vehicle at the time of the offence they are 
> breaching their own rules 
> and the DPA.

A good example of poor investigation and use of vehicle registered numbers
which sounds to be of a similar ilk to that emanating from the discussion
could be one I was informed happened to an associate of a family member last
Friday.

A vehicle owner received a letter from the police giving an 'official
warning' about their conduct in a car park in another county. (Apparently
road rage in that the vehicle was allegedly deliberately driven at a woman).

On the date and at the time of the incident that vehicle was allegedly not
in that county as the owner was in a local video shop near their home.
(Where one assumes there will be supporting evidence in the form of receipts
and shop CCTV recordings.)

As you state "reasonable cause" to suspect can provide justification to make
initial enquiries, but the order/sequence/thoroughness of any enquiries made
should be sufficient to justify subsequent actions and any distress which
may be caused. 

The creation of a reasonable cause and placing the matter with an individual
by writing a letter in an attempt to finalise an issue is not really a
simple answer, it can be more the creation of yet another victim.

Including in such official 'warning letters' the details and evidence of any
enquiries made justifying the actions taken, together with the reasons any
other available options were not followed, as a means of providing assurance
that something other than a simple computer search based on wrong
information justifies that official action, could somewhat reduce the
chilling effect on the innocent and enhance the possibility of enquiries
sufficiently comprehensive to support official actions.

Very sad that all of this lends support to official demands for widespread
intrusions into individual privacy, at the same time as removing the
possibilities of maintaining a purposeful focus whilst also enhancing the
spectre of authoritarianism and a secret society. Maybe everybody should
just do as somebody else tells them. :-)

Ian W


> -----Original Message-----
> From: This list is for those interested in Data Protection 
> issues [mailto:[log in to unmask]] On Behalf Of 
> [log in to unmask]
> Sent: 07 July 2005 06:56
> To: [log in to unmask]
> Subject: Re: Unregistered Keepers
> 
> 
> DVLA are only supposed to release details of registered 
> keepers where there 
> is "reasonable cause" to suspect the person has committed an 
> offence.  If they 
> are giving you details of a person who is unlikely to have been the 
> owner/keeper of a vehicle at the time of the offence they are 
> breaching their own rules 
> and the DPA.
> 
> This should be reported to the ICO immediately, either by the 
> council or the 
> new registered keeper if/when they are contacted by the council.
> 
> Ian B
> 
> -------
> In a message dated 06/07/05 11:30:31 GMT Daylight Time, 
> [log in to unmask] writes:
> 
> 
> > If a Penalty Charge Notice is unpaid we obtain the name and address 
> > details from the DVLA to chase the motorist for payment.  Sometimes 
> > the DVLA cannot give us details for the exact contravention 
> date but 
> > can give us the details for the keeper of the vehicles after the 
> > event.  Are we then ok to contact the keepers of the 
> vehicle after the 
> > event to find out who sold them the vehicle?
> 
> -------
> 
> Ian Buckland
> Managing Director
> Keep IT Legal Ltd
> 
> Please Note: The information given above does not replace or 
> negate the need 
> for proper legal advice and/or representation. It is 
> essential that you do not 
> rely upon any advice given without contacting your solicitor. 
>  If you need 
> further explanation of any points raised please contact Keep 
> I.T. Legal Ltd at 
> the address below:
> 
> 55 Curbar Curve
> Inkersall, Chesterfield
> Derbyshire  S43 3HP 
> (Reg 3822335)
> Tel: 01246 473999 
> Fax: 01246 470742
> E-mail: [log in to unmask]
> Website: www.keepitlegal.co.uk
> 
> ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
>        All archives of messages are stored permanently and are
>       available to the world wide web community at large at
>       http://www.jiscmail.ac.uk/lists/data-protection.html
>       If you wish to leave this list please send the command
>        leave data-protection to [log in to unmask]
>             All user commands can be found at : -
>         http://www.jiscmail.ac.uk/help/commandref.htm
> Any queries about sending or receiving message please send to 
> the list owner
>               [log in to unmask]
>   (all commands go to [log in to unmask] not the list please)
>    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
> 

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
       All archives of messages are stored permanently and are
      available to the world wide web community at large at
      http://www.jiscmail.ac.uk/lists/data-protection.html
      If you wish to leave this list please send the command
       leave data-protection to [log in to unmask]
            All user commands can be found at : -
        http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving message please send to the list owner
              [log in to unmask]
  (all commands go to [log in to unmask] not the list please)
   ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^