Why do the DVLA release driver details and can the registered keeper be bound into a contract with a private parking company if they are not present?
My wife is currently disputing an attempt by the company Parking Eye suggesting that she, as the registered keeper of a vehicle, is liable for a penalty charge raised on a private car park. My understanding is that any such charge would only arise as possible damages for contravening a possible contract entered into by a driver of the vehicle at a private car park? In order to harass my wife in this way Parking Eye obtained her details as a registered Keeper from the DVLA. As the details of the registered keeper of a vehicle are of no relevance to any such dispute between a driver and a PPC why are the DVLA agreeing that there is reasonable cause to supply the registered keeper's details. Surely the DVLA are in breach of a duty of care at the very least?
The DVLA has been under pressure after facing allegations that it released driver details to pretty much any company which signed up to a very basic code of conduct. New regulations are now being brought in to regulate the private parking industry as detailed in this recent article in The Times: http://www.timesonline.co.uk/tol/news/uk/article1668526.ece
Parking Eye use camera technology to record vehicle movements and numberplate recognition technology to identify the plate which is then sent via ISDN to the DVLA which provides vehicle details. Our experience is they also often have video of the driver approaching and leaving the vehicle.
We are aware that Parking Eye and a number of other companies believe their contracts bind the registered keeper into a contract to meet any "fine" they impose. This has not been tested in law and we have counsels' opinion which challenges this view saying that only the driver can be party to any such contract.
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