DVLA FLOUTS OWN RULES TO HELP PARKING PIRATES

Agency sells details of Scots drivers in breach of guideline stating parking firms MUST have independent penalty appeals process

A GOVERNMENT agency is breaking its own rules by selling S cottish d rivers’ d etails to p rivate p arking f irms p rofiteering from punitive fines.

The DVLA has handed over the names and addresses of tens of thousands of Scottish motorists – which allows the companies to pursue them aggressively for parking penalties of up to £200.

But a Mail investigation has revealed that the personal details – sold to private firms for £2.50 a time – should not have been given to the companies because they are not subject to an independent appeals process in Scotland.

The DVLA’s own guidelines state private parking firms receiving data from its register of drivers must belong to an accredited trade

association with a code of practice ensuring fair treatment of customers. One of the criteria that must be met is recourse to an independent appeals service.

But private parking giants such as Smart Parking and ParkingEye are not bound by any such service in Scotland. It means they are the judge and jury on drivers’ appeals here – with no outside arbiter.

We revealed yesterday that 75 per cent of Smart Parking’s profits came from fines it issued – often to people who had made honest mistakes. We also reported how ParkingEye was attempting to intimidate drivers by misleadingly suggesting that ignoring its fines could hit credit ratings.

Last night, the revelation of the taxpayerfunded DVLA’s failure to observe its own guidelines provoked an outcry.

Conservative MSP Murdo Fraser said: ‘This highlights the need for a properly independent appeals process within Scotland but, until such time that it is created, I would urge DVLA to reconsider the basis on which they are providing this information to Scottish companies.’

Our investigation has revealed an abysmally regulated industry mired in confusion. As a result, private parking firms are free to intimidate Scots with impunity.

Archie Wilson, 73, from Dundee, who received a £90 demand from Smart Parking after overstaying by 27 seconds, said: ‘It’s scandalous. The DVLA are aiding and abetting this company to collect money.’

A 15-page DVLA document outlines the circumstances in which it releases details. Membership of an accredited trade association (ATA) is a prerequisite and this ensures firms are bound by a code of practice with a clear set of standards including an independent appeals process.

The document assures the public that those who receive a penalty from an ATA member can go to an independent appeals service. That statement is false.

Smart Parking and ParkingEye are members of the British Parking Association (BPA). But its appeals arm, POPLA, only considers cases in England and Wales. BPA says POPLA does not cover Scotland due to differences in the law.

It said in England the registered keeper is liable for the cost of fines, while in Scots Law the registered keeper cannot be held liable unless it can be proved they were driving at the time of the parking breach.

Both Smart Parking and ParkingEye say on their websites they deal with their own appeals but people also have recourse to POPLA. In Scotland, they do not.

When the Mail confronted the DVLA about the breach of its guidelines the agency admitted its literature would have to be amended but said it would continue handing over Scottish driver details to firms.

It said: ‘We lawfully release information to parking companies including those in Scotland under Regulation 27 of the Road Vehicle (Registration and Licensing) Regulations 2002. The requirement to offer an independent appeals service is not set out formally in legislation.’

The DVLA insisted it did not profit from the £2.50 fees, saying these merely covered its costs. It added: ‘Parking companies operating in Scotland are still required to comply with their ATA’s code of practice and offer an internal appeals process.’

Smart Parking said: ‘As members of the BPA, we abide fully by its code of conduct and operate a clear and fair independently audited appeals procedure.

‘Smart Parking has always reserved the right to take individuals to court. There have been numerous legal judgments... upholding the validity and legality of parking charges, including in Scotland.’