Question of the week: Can parking companies ask the DVLA for my data?

David Ross, Editor
Fri, 27 Sept 2024

Dear Honest John,

" I understand the DVLA can give (sell) details of registered keeperss to private parking companies for the purpose of chasing up unpaid fines. However Parkingeye gets details in order to impose a fine. Is this correct?

It means they can impose fines on any motorist in the car park - in my case I was absolutely not illegally parked yet forced to pay under duress - all due to Parkingeye being a member of BPA. Parkingeye were chasing me for non payment - is this a data breach?"

- MM

Dear MM,

Under Regulation 27(1)(e) of the Road Vehicle (Registration and Licencing) Regulations 2002, the DVLA are allowed to release registered keeper information to anyone who can demonstrate reasonable cause for wanting the information.

As the DVLA states in its own documentation, all of DVLA's data sharing is carried out in accordance with data protection, the right to process the data is contained within statute, common law or other prerogative power of the Crown, and will only release information when it is lawful and fair to do so. The law also allows the release of personal data without the vehicle keeper's consent.

The Information Commissioners Office issued a statement in 2022 clarifying that the DVLA have the power to disclose vehicle keeper information to car park management companies in these circumstances.

So it is a reasonable expectation that using a car park operated by a company accredited by the BPA or IPC may result in a request for information being made to the DVLA for the purposes of enforcement.

Ask HJ

I am appealing a parking ticket but have received no response, what should I do?

I recently received via the post a Notice to Keeper from parkmaven alleging I had not paid for a a parking charge in The Shires Shopping Centre, Trowbridge. I did pay the £1.00 charge and I have a photo of the machine displaying this fact. I paid using my iphone using Apple Pay and this transaction appears on the phone. I also have a charge showing on my Bank Statement for £1 payable to YourParkingSpace.co. I have made numerous attempts to submit an appeal but their system keeps displaying an error message. I have also sent emails requesting advice but to date have had no reply. What would you advise I do next please?

If you have been unable to contact the parking operator by phone or email, we would suggest sending a written appeal by recorded post as you can then evidence that you have made an appeal within the appeal window. You may also wish to consider contacting the trade body if the operator is a member of one. You can read our in-depth guide to appealing a parking ticket here: https://www.honestjohn.co.uk/advice/driving-advice/parking-ticket-appeals/

Answered by David Ross

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