VARS Drive Off Notice

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Fri 3 May 2024 17:38
VARS Drive Off Notice - Jillbo

We've received a VARS drive off notice from a petrol station in Bristol we've never been to. We live in Devon and were in Exeter for a hospital appointment on 11th April, the date in question. So it definitely wasn't us. The CCTV photo is useless - its the same model and colour, but you can't read the number plate at all. They maintain it is us, and we're responsible for paying the fuel (only £25 but its the principle!). They won't provide a better image because of GDPR but they want us to provide photos of our car.

If we don't pay up within 14 days they start escalating fees and threatening debt collection. Help!?

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Fri 3 May 2024 18:00
VARS Drive Off Notice - leaseman

In the first instance, do as they ask and provide a front and rear photograph of your car. Then wait, and let us know what happens please.

Leaseman (Moderator)

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Sat 4 May 2024 10:28
VARS Drive Off Notice - Bromptonaut

I think I replied to this elsewhere.

If they want to take it to a civil court, never mind criminal as in theft, they'll need a lot more than a fuzzy picture. It's their case to prove not yours to disprove. Write and tell them it's not you and you were elsewhere at the time.

If you think there's any prospect of your car being cloned report it to the police and tell the VARS folks you've done so.

GDPR is, IMHO, bowlux. If it's your car there's cannot possibly be a gdpr issue.

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Sat 4 May 2024 13:35
VARS Drive Off Notice - Middleman

Agreed.

All they have is a photo of a car which they say is yours. Even if it is, they have no idea who was driving it (and hence who allegedly made off without payment).

If they want to issue civil proceedings for recovery of an alleged debt that must be issued against an individual. Proceedings against the Registered Keeper with no evidence that he was driving will not succeed.

Similarly if the police consider prosecuting you for theft, they must also find out who was driving. The police may have the power to do that under Section 172 of the Road Traffic Act (which provides them with the power to issue a "request for driver's details" to the Registered Keeper). However, s172 only applies when the police suspect an offence either under the Road Traffic Act or "...any offence against any other enactment relating to the use of vehicles on roads" has been committed. I've never really considered whether it might apply to suspicions of making off without payment. In any case, that doesn't matter. Debt agencies do not have the power to compel you to provide the driver's details.

As far as the GDPR nonsense, again I fully agree. In fact I'd go further: you are entitled to see any images which may lead to your identification. A vehicle's registration mark is "personal data" under GDPR and far from the regulations preventing you seeing whatever is held, it provides you with a legal right to see it.

In your position I would simply say that neither you nor your car have ever visited that location. You could either leave it there, or if you are curious as to why they think it was your car, ask them to provide any untampered images which they have of it, as they are legally obliged to do under GDPR. I would not provide them with any photos of your car. You have no obligation to do so and no reason to assist them with their enquiries. Maintain the line that "I'll show you mine only if you show me yours first."

Edited by Middleman on 04/05/2024 at 13:40

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