How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask UK Solicitor John Your Own Question
UK Solicitor John
UK Solicitor John, Solicitor
Category: Law
Satisfied Customers: 318
Experience:  8 years legal experience
106125879
Type Your Law Question Here...
UK Solicitor John is online now

Can you please tell me if the registration of a vehicle to

Customer Question

Can you please tell me if the registration of a vehicle to Swansea is a legal requirement. And if so why do they break data protection by giving your details to private bailiff companies. Please can you confirm whether or not this practice is legal.
Assistant: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: The UK
Assistant: What steps have you taken so far?
Customer: I have managed to get the car back, however I need some legal clarification.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 13 days ago.
Category: Law
Expert:  UK Solicitor John replied 13 days ago.

Hello welcome to Just Answer. I will be happy to assist you.

Yes, registration with the DVLA in Swansea is a legal requirement. Your details can be disclosed to bailiffs and any other companies such as insurance companies or Solicitors. This will not be a breach of Data Protection law if the details are required for the purposes of legal proceedings, as there are exemptions under schedule 2 part 5 of the GDPR which enables certain companies to request your name and address.

I hope I have clarified matters for you. Please let me know if you have anymore questions. Kindly take a moment to provide a positive rating by clicking the stars above. Kind regards, John.

Customer: replied 13 days ago.
Why then does it read in big bold letters at the top of the log book (This document is not proof of ownership ?) also why is it I can add another diver to my insurance who is not on the log book and that person can legally take charge of the vehicle ? And dose this also mean that the data protection is there to be used on us and not for us or 1 rule for 1 and another rule for them.
Expert:  UK Solicitor John replied 13 days ago.

Because being owner of a vehicle and being the registered keeper are 2 different things. This also has nothing to do with if it’s legal to register the vehicle or not. Additionally you can add anyone to your insurance as long as they hold a valid licence, they do not have to be named on your log book and yes if they are the owner of the vehicle but not the registered keeper they can take ownership of the vehicle.

No, the Data protection act is there to protect everyone’s personal and private information. There is no us and them. It’s just that there are certain exemptions which are quite specific and to only be used in certain situations. Example, I cannot just obtain your name and address but if you got into an accident with me and I need your details I am able to obtain them by making a request under the exemption of the GDPR as long as I only use your name for the purpose of legal proceedings i.e. to make a claim.

Customer: replied 13 days ago.
Why does it say, This document is not proof of ownership, if the person that's on the log book can't use the log book to prove they own the car, how can other companies use that information to determine you own the car ?
Expert:  UK Solicitor John replied 13 days ago.

The log book shows who the registered keeper is. The registered keeper may also be the owner. But also it may not, there may be another owner who isn’t the registered keeper. But the registered keeper would know who this is. Companies do not use it to determine who owns the car but to obtain a name and address to assist with their investigations. Their investigations will determine who owns the car.

Customer: replied 13 days ago.
That's not correct, the bailiffs will take your car based on the name on the log book and then you have to prove you are the owner or not the owner, but your not allowed to use the log book. I know because I have just come out the other end of this process, I had to present a receipt, a bill of sale and still had trouble.
Expert:  UK Solicitor John replied 13 days ago.

This is basically what I have just told you. The registered keeper is the easiest way to know the name and address and can be obtained via DPA requests. This is why the bailiffs will come to thé registered keeper first. But being the registered keeper doesn’t mean you are the owner. And the log book doesn’t prove you are the owner. But as you are the registered keeper you will know who the owner is, if it is not yourself. Please explain what you are confused about?

Customer: replied 13 days ago.
What I'm saying is the bailiffs don't talk to the registard keeper/user they just take the car, then the ownis is on you to prove otherwise. So why is the bailiffs taking the car based on Swansea"s records if we both agree that person could not own the car. I understand your explanation, however that doesn't make it fair or just and we are supposed to live in a fair and balanced society, these penalties are disproportionate and unfair for a parking penalty to go from £40 to £800, is a bit like living in the dark ages where they would cut your hands off for stealing a loaf of bread and other issues of corruption to be answered, I would like to challenge this law and the government and the council's in an independent legal court. How can I do this please.
Expert:  UK Solicitor John replied 13 days ago.

Yes you are quite correct. But usually the owner of the car is who the penalty is against, if they are the primary user, whether they are the registered keeper or not. With this in mind it shouldn’t affect the registered keeper, until they are penalised for the owners actions then it is for the registered keeper to prove they are not the owner, so they consequences go towards the owner.

The reason they take the car is because the car will be registered against a name and address (the registered keeper) the DVLA do not record the owner, therefore when that car has been in contravention of something, they will know where it is located and seize it based on court orders.

I understand what you mean about fairness, however it is the vehicle which has been used to commit an offence and they are entitled to do so based on the law. It will then be between the registered keeper and the owner to establish who will be liable for the fines incurred. It will be assumed it is the registered keeper unless proven otherwise.

For it to get to the stage of bailiffs, especially for a parking ticket, it means judgment has been enforced so the registered keeper must have been ignoring court documents which is not looked upon favourably and payments for a fine has not been made. This could have been avoided.

Data Protection exemptions come into it because they cannot use the personal details for any other reason than to locate the vehicle for the purposes of enforcement of a court order.

I am unsure if you are the registered keeper or the owner but payment will need to be made to get the vehicle back, either by the owner or the registered keeper; ideally for the person who incurred the fine and debt. The court order would have given 21 days to pay the original charge and if no response that is when bailiffs are instructed.

You could have made an “out of time challenge” but you would need good reasons for doing so. But again, there are time limits to doing this. From what you have stated, it is too late, and the debt will now need to be paid or the car can be sold.

Customer: replied 13 days ago.
How do I challenge these laws, you didn't answer that question
Expert:  UK Solicitor John replied 13 days ago.

There’s no way to challenge your situation sir, but if you wanted to challenge the law in itself, you would need to write to your local MP.