Data Protection codswallop

[homer2911]

The topic 'Anyone seen this boat?, Avoiding due payment' began with a plea from a surveyor for help in locating the owner of a boat he had surveyed, following non-payment of the fee.

 

The OP stated that BW had refused to help, citing the Data Protection Act. Now, under certain circumstances, the DVLA will supply details of the owner of a licenced motor vehicle, for example in connection with non-payment of a parking fee - further details here:

 

http://www.out-law.com/page-8439

 

Is it really illegal under the Data Protection Act for BW to supply details of a boat owner to someone whose bill has not been paid, and who therefore has good reason to ask for help, or are they taking the easy way out and, like so many official bodies do, hiding behind the act?

[bag 'o' bones]

The topic 'Anyone seen this boat?, Avoiding due payment' began with a plea from a surveyor for help in locating the owner of a boat he had surveyed, following non-payment of the fee.

 

The OP stated that BW had refused to help, citing the Data Protection Act. Now, under certain circumstances, the DVLA will supply details of the owner of a licenced motor vehicle, for example in connection with non-payment of a parking fee - further details here:

 

http://www.out-law.com/page-8439

 

Is it really illegal under the Data Protection Act for BW to supply details of a boat owner to someone whose bill has not been paid, and who therefore has good reason to ask for help, or are they taking the easy way out and, like so many official bodies do, hiding behind the act?

 

No different to hiding behind 'elf 'n' safety' just as an excuse not to do something!

[magpie patrick]

The topic 'Anyone seen this boat?, Avoiding due payment' began with a plea from a surveyor for help in locating the owner of a boat he had surveyed, following non-payment of the fee.

 

The OP stated that BW had refused to help, citing the Data Protection Act. Now, under certain circumstances, the DVLA will supply details of the owner of a licenced motor vehicle, for example in connection with non-payment of a parking fee - further details here:

 

http://www.out-law.com/page-8439

 

Is it really illegal under the Data Protection Act for BW to supply details of a boat owner to someone whose bill has not been paid, and who therefore has good reason to ask for help, or are they taking the easy way out and, like so many official bodies do, hiding behind the act?

 

Not quite the answer you were looking for but

 

In October 2006 I picked up Ripple, she looked like a hire boat and although I had applied for the licence I had not yet received it: these facts may not be relevant but are background. I had twenty years experience of boating at the time.

 

Four days later the wind blew me sideways into some moored boats. I couldn't get off, and the boat I was alongside had a tiller extending into the path of my cabin (don't ask why it wasn't removed, although I did). I stopped, someone pushed the bow out and I carried on.

 

Later that day BW rang to say that someone complained that I had "damaged their steering mechanism" I disputed this. Some weeks later, I got a phone call from the bloke who had made the complaint, BW having given him my details. They had advised me that they had done so by letter.

 

I discussed it with him, and concluded that I might have done the damage, although I was unaware that I had actually caught his tiller, I said that had the guy who pushed me off told me I had done so, I would have left details, which I would have done. When he suggested the repairs cost £75, and offered to send me a copy of the invoice, I took into account that he had complained the same day as the incident, and that clearly work needed doing (otherwise no invoice) and paid up. On balance of probability I had done the damage

 

BUT it does suggest that BW will give out details: it was his word against mine

[Jason Wilson and Family]

Not quite the answer you were looking for but

 

In October 2006 I picked up Ripple, she looked like a hire boat and although I had applied for the licence I had not yet received it: these facts may not be relevant but are background. I had twenty years experience of boating at the time.

 

Four days later the wind blew me sideways into some moored boats. I couldn't get off, and the boat I was alongside had a tiller extending into the path of my cabin (don't ask why it wasn't removed, although I did). I stopped, someone pushed the bow out and I carried on.

 

Later that day BW rang to say that someone complained that I had "damaged their steering mechanism" I disputed this. Some weeks later, I got a phone call from the bloke who had made the complaint, BW having given him my details. They had advised me that they had done so by letter.

 

I discussed it with him, and concluded that I might have done the damage, although I was unaware that I had actually caught his tiller, I said that had the guy who pushed me off told me I had done so, I would have left details, which I would have done. When he suggested the repairs cost £75, and offered to send me a copy of the invoice, I took into account that he had complained the same day as the incident, and that clearly work needed doing (otherwise no invoice) and paid up. On balance of probability I had done the damage

 

BUT it does suggest that BW will give out details: it was his word against mine

 

That's the difference, you were 'unlicensed' we all know that makes you the garbage of the waterways . BW really is mind-boggling, and I'm not even in the same country.

Edited February 2, 2009 by Jason Wilson and Family

[johnjo]

That's the difference, you were 'unlicensed' we all know that makes you the garbage of the waterways . BW really is mind-boggling, and I'm not even in the same country.

 

Was he unlicenced?

 

He sent off the application when he got the boat, I assume, but stand to be corrected, and the incident happened four days later, surely more than enough time to register him as licenced.

 

Again I assume, he would have asked for the licence to begin at the beginning of that month?

 

That would appear to mean in this case it was, one word against another, and nothing to do with the licence, so maybe BW will give out details, just depends on the story you spin.

 

Edited to add.

Later that day BW rang to say that someone complained that I had "damaged their steering mechanism"

 

He must have been registered with BW as the license holder otherwise they wouldn't know who to phone.

Edited February 2, 2009 by johnjo

[churchward]

The topic 'Anyone seen this boat?, Avoiding due payment' began with a plea from a surveyor for help in locating the owner of a boat he had surveyed, following non-payment of the fee.

 

The OP stated that BW had refused to help, citing the Data Protection Act. Now, under certain circumstances, the DVLA will supply details of the owner of a licenced motor vehicle, for example in connection with non-payment of a parking fee - further details here:

 

http://www.out-law.com/page-8439

 

Is it really illegal under the Data Protection Act for BW to supply details of a boat owner to someone whose bill has not been paid, and who therefore has good reason to ask for help, or are they taking the easy way out and, like so many official bodies do, hiding behind the act?

 

It's a funny thing the Data protection act. When you want know something it can be an annoying obstacle to what you want to know. However, when the shoe is on the other foot and someone wants to know something about you, it's a savior of human rights!

[Jason Wilson and Family]

Was he unlicenced?

 

Of course he wasn't but I was assuming he couldn't have a license displayed if it hadn't been sent to him. Failing to display a license is often considered a capital offence to some here. I was merely poking fun at them.

Edited February 2, 2009 by Jason Wilson and Family

[CanalWalker]

We dont give out details of our clients to anyone who asks because, rightly so, it is illegal under the data protection act. But if someone had broken the law we would give the details to the police, not to the victim of the crime.

[magpie patrick]

Was he unlicenced?

 

He sent off the application when he got the boat, I assume, but stand to be corrected, and the incident happened four days later, surely more than enough time to register him as licenced.

 

Again I assume, he would have asked for the licence to begin at the beginning of that month?

 

That would appear to mean in this case it was, one word against another, and nothing to do with the licence, so maybe BW will give out details, just depends on the story you spin.

 

Edited to add.

Later that day BW rang to say that someone complained that I had "damaged their steering mechanism"

 

He must have been registered with BW as the license holder otherwise they wouldn't know who to phone.

 

I took the boat over in mid October 2006: I sent the licence application off about the 2nd/3rd October, and actually had the licence in my hand later that day as my parents came out to meet me with it. I knew it had been delivered as they had phoned the previous day to say it had arrived.

 

Not sure BW regarded me as the scum, but I did wonder of the witness did: unlicensed hire boat, worth a few bob?

 

It was his word against mine, and BW didn't adjudicate, but they did give him my name. address and telephone number

 

Of course he wasn't but I was assuming he couldn't have a license displayed if it hadn't been sent to him. Failing to display a license is often considered a capital offence to some here. I was merely poking fun at them.