DVLA Data Release Consultation

The People’s No Campaign
12 Frederick Street
Sunderland
SR1 1NA


Data Release Consultation Responses
5/20 Southside
105 Victoria Street
London
SW1E 6DT

20th March 2006

Dear Sir or Madam:

Release of Vehicle Keeper Data from the UK Vehicle Register.

Consultation submission from Colin Moran on behalf of The People’s No Campaign

Before addressing the specific questions raised within the consulting paper, I believe it is absolutely necessary to challenge the integrity, accuracy and reliability of the register as it is currently compiled and distributed.

I have formed my views over a period of 35 years as a professional in the motor industry, actively involved with the register and other aspects of DVLC / DVLA development commencing 1 October 1974.
In the very beginning many other people in the industry were convinced the decision to establish a centralised and remote Vehicle / Keeper Register (VK) would result in many practical and operational problems. It might interest the Secretary of State and the department in general, that the decision to create DVLC Swansea was not preceded by any feasibility study whatsoever. The fundamental issues which, gave concern in 1974, exist today, although many unsatisfactory operational aspects of the vehicle/keeper register have been addressed. Not withstanding that fact, the flawed basis in the beginning still remains.

How is the database compiled?

i) In the main by public donation and from businesses within the motor industry.

ii) This data arrives at DVLA mainly by ordinary public post, over the counters of Local Vehicle Licensing Offices or in the case of new registrations direct from motor dealers.

iii) There is no requirement for any potential vehicle/keeper register to provide any proof of address or identity at anytime to DVLA or any other person or business. Therefore, the data registered on the vehicle/keeper register has not been authenticated in any way. Giving out this data to enquirers represents the first major hurdle for the Department for Transport and the system itself. Screened, verifiable and authenticated input is surely a mandatory requirement.


iv) Information overlap…The continued vehicle use on the public roads (quite legal) through keeper changes is and always has been a major flaw in the system. Who is the responsible vehicle keeper for any particular vehicle at any given time, cannot be determined by the system of data store and collection. All data received by DVLA is historical. This situation will exist until time and date stamping, including giving authenticated receipts to prospective vehicle keepers is involved, somewhere at source (suggest post offices or LVLOs). Data issued by DVLA on a ‘best known’ basis is not acceptable, especially in light of the amount of requests / enquiries for data arising from remote policing activities, decriminalised parking enforcement and private ‘parking enforcement’ operations.

v) Vehicles disposed of to the motor trade
This is a potentially explosive issue, and one, which for 32 years of DVLC/DVLA operation has never been addressed. The consequences of this issue has only come to my attention within the last 12 months and I would consider my own knowledge of the vehicle/keeper system as above average. I have enclosed minutes of a meeting DVLA/Motor Trade May 2005, at which this issue was discussed.
1. In 1997. at the request of Police and Home Office (so I am informed) DVLA were instructed to log vehicles disposed of to the motor trade. New V5 Registration Documents were designed and issued; disposing keeper and motor trade entity countersign, thus helping police and others to trace what previously would have been vehicles lost to the Vehicle/Keeper Register.

Vehicles in this category (around 4/5 million estimated) are given an ‘indicator’ on the Vehicle/Keeper Register, indicating disposal by last registered keeper.

DVLA do not produce a public database for the benefit of enquirers and therefore, enquiries are all completely ignoring this disposal alert. The consequences are far reaching and conflict with assurances given to vehicle keepers (see V5/5 and Notes) assuring them they are ‘no longer responsible after disposal.’

Previous vehicle keepers are routinely contacted and pursued by all enforcement agencies and others, a potentially huge legal and administrative minefield, with serious Data Protection and Human Rights Act issues, concerns and breaches.
This situation must be resolved urgently.
Our campaign office has hard evidence of previous keepers who have correctly disposed of a vehicle and completed the necessary paperwork, being prosecuted at magistrate courts in their absence, having failed to reply to communications sent illegally.

Private parking companies also pursue the last named keeper on the register (huge evidence available). This includes threats of legal action, bailiff action etc.
The London Congestion Charge is another prime example, when a vehicle quite legitimately continues to be used within the motor trade, but with previous the previous keeper being pursued.

vi) 1991 Road Traffic Act – Decriminalised Parking Enforcement (DPE)
The effect of this Act is to completely alter the relationship and the liability of vehicle keepers under the law. DPE makes the keeper liable alone for the offences allegedly committed by any vehicle registered to them. This is regardless of who may have been the driver at the time.

Once in possession of vehicle keeper details from DVLA over 170 local authorities can proceed against vehicle keepers often resulting in bailiff action.(Camden Council issue 70,000 bailiff warrants in 1 year under DPE). For this reason the vehicle keeper details given out must be totally accurate. There are 14 million register changes annually, all historical, all without authentication.
Our campaign office has been deluged with cases from the public regarding this issue. Particularly ceased keepers who for many reasons have not been able to reply to communications they should not have received and have been pursued in absence, resulting in bailiffs etc.
This driven by misinformation from DVLA because of the reasons already outlined.



The DVLA currently conduct their complex business with the public, to the best of my knowledge, within the law and regulations that currently apply. The Department for Transport, in my view, must look to holding an in-depth assessment regarding the UK vehicle registration system and Government should then act to produce new legislation to produce a workable system, that the public and business can have complete faith in.

Key Questions: Page 8

‘Reasonable cause’ is much too vague, and especially considering the high volume of data requests since electronic era.
Consideration must be given to national security issues and the security and safety of those registered as vehicle keepers.
Any body or person or business requesting vehicle keeper data should receive it via Police supervision and scrutiny. Funding for this should be forthcoming from diverting revenue from DVLA.
Alternatively a separate department of DVLA working closely with the Police over-seeing data given to the public.
Those making data requests to be made aware of police scrutiny and a direct line of traceability for each request.

Key Questions: Page 11

DVLA seem to have adopted an entirely commercial attitude to providing data to the public. This issue is not about commercial considerations. Government should ensure that only those meeting very strict criteria should be granted any access (see response to Page 8 questions)

Key Questions: Page 13
Improved awareness of vehicle keeper

Every V5/5 document and any other form of keeper registration document (new vehicles etc) should carry the potential implications of the 1991 Road Traffic Act and the effect of DPE on vehicle keepers liability for alleged contraventions committed by a third party.
The fact is that 15 years have passed and this obvious action ( informing anyone who nominates to become a keeper of potential financial and legal implications regarding offences committed by anyone they allow to drive the vehicle) has been overlooked by successive governments.
I’m afraid this says everything about the lack of understanding within the Department for Transport.
In general vehicle keepers should be informed should their details be given to anyone other than Police or local authorities. The possible consequences should be clearly spelt out to all prospective vehicle keepers.

Key Questions: Page 14

Abuse and misuse of the register by various groups and others is directly the result of the lack of fear of their actions being scrutinised by a court. The volume of requests across the board leads users to think they would be unlucky to be caught breaking the rules or failing to follow the Voluntary Codes of Conduct.

Again, our campaign office has hard evidence of widespread abuse of the vehicle keeper register ie. the enquirers do not have the legal grounds for making the request.

The 157 Private Parking Companies give serious rise for concern. Apart from those contracted to local authorities, many of the rest are opportunists acting as landlord’s agents using threats of breaches of contract or trespass law and none are covered by on-street parking regulations such as the Traffic Signs Regulations and General Directions Regulations 2002 or 1/95 DfT Guidance on Decriminalised Parking Enforcement and there appears to be no statutory guidance or scrutiny regarding their behaviour and activities.

Alleged offenders parking on private land pursued under laws of trespass and contract, through civil actions, quite often do not even know that they have been targeted, receiving a ‘Notice to Owner’ through the post some weeks later.

Once again abundant evidence is to hand that signage and notices displayed on private land does not meet the DVLA’S Code of Conduct governing the private parking companies. This is widespread throughout the country.

There appears to be no scrutiny of private parking by any inspecting or enforcement body.


Conclusion:
The submission I have made to you is only the tip of a very large iceberg.
The complexities and cross referencing of DVLA and its users could fill a book so I have submitted what I consider to be the main bullet points. I would be pleased to offer you any further assistance or information you may require should this submission direct to look further into the views expressed.
Finally may I say that DVLA cannot continue to operate the nation’s vehicle registration system any longer without a root and branch overhaul and reforms to many of its aspects of operation, implementation and scrutiny.


Questions: To the Secretary of State for Transport

Would the Secretary of State for Transport confirm that due to the inherent operating practices and procedures regarding the UK Vehicle Keepers Register that register contains a significant proportion of inaccurate data?

Will the Secretary of State for Transport confirm that the UK motoring public are entitled to expect personal data supplied to be given to a third party only on the basis that it is known to be accurate, and not supplied on a “best known basis”?

Will the Secretary of State for Transport confirm that he is aware that, many thousands of totally innocent vehicle keepers are pursued by enforcement agencies and others as a result of the operation of UK Vehicle Keepers Registers?

Does the Secretary of State for Transport have figures for the following (past three years) :

(i) The percentage and actual number of vehicles classed as ‘with the trade’ over a twelve month period?
(ii) The percentage and actual number of vehicles ‘between keepers’ at any given time?
(iii) The percentage and actual number of vehicles changing hands in a twelve month period?

A direct reply to this communication is requested from the Secretary of State, The Right Honourable Alistair Darling MP in view of the content of information made available to the Department for Transport


Yours faithfully,

Colin Moran

ENCLOSURES:
Minutes of meeting between DVLA/Motor Trade May 2005.

NOTES:
Transport Committee http://www.publications.parliament.uk/pa/cm200506/cmselect/cmtran/636/63601.htm
Release of Vehicle Keeper Data from the UK Vehicle Registers
http://www.dft.gov.uk/stellent/groups/dft_roads/documents/pdf/dft_roads_pdf_611202.pdf


cc. Alistair Darling, Secretary of State for Transport
cc. Neil Herron, Campaign Director, The People’s No Campaign
cc. Chris Grayling MP, Shadow Secretary of State for Transport
cc. Owen Paterson MP Shadow Minister for Transport
cc. Baroness Hanham, Shadow Minister for Transport (The Lords)
cc. Paul Rowen MP, Liberal Democrat Transport Spokesman.
cc. Chris Mullin MP Sunderland South Constituency MP
cc. Gwyneth Dunwoody MP, Chairman Transport Committee
cc. Dr. John Patterson, Clerk to the Transport Committee