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Following a BBC Freedom Of Information request it was found that the DVLA had mishandled the personal data of 2,000 drivers over the last 12 months.  During a ten-month period in 2018 and 2019, the DVLA reported 439 data breaches, which affected 2,018 people.

These data breaches saw the DVLA send important documents – including driving licenses, passports and marriage certificates – to incorrect addresses, affecting the equivalent of around seven people per day. For comparison, the Passport Office had five data breaches over the same time period, while HM Revenue & Customs had 10.

All of the breaches were reported to the Information Commissioner’s Office, between 25 May 2018 and 18 March 2019, following the introduction of tougher data protection laws. Royal Mail advised that important or sensitive documents should be sent via a tracked special delivery. The DVLA said the data breaches were the result of “human error” by staff at their headquarters in Swansea.

A DVLA spokesperson said: “Last year, we dealt with more than one billion customer interactions. We received more than 16 million items of mail and sent out more than 93 million, including 10.6 million driving licences.

“However, we take our duties to protect data extremely seriously and have an open and transparent culture where staff report any potential breaches.

“We ensure we review all reports to identify what more can be done. While these figures are a very small percentage of our overall transaction volumes, we take these seriously and have apologised to those concerned.”

Whilst one could argue that in the scale of things 2,000 is a very small number, that’s fine unless you are one of the 2,000 affected. Not one piece of data should go astray so sort your systems out DVLA. By Graham Hill with thanks to Auto Express.

My new training video series will cover this subject but in the meantime, I thought I should highlight a not so uncommon problem. Let’s face it when we lease or buy a vehicle we take it on to either solve a problem or massage our egos or both.

The problem could simply be to get the kids to school and get you to work as effortless as possible or to cart around goods or equipment to deliver to customers or to use in your trade as a plumber, carpenter etc. On the other hand, you may opt for a car that has the wow factor and gets you from a standing start to 60 mph faster than a fighter jet.

Whatever the reason you shouldn’t need to have a law degree, be a qualified accountant or be a qualified car mechanic in order to enjoy effortless use of your vehicle throughout the time you possess it. Especially if you lease the vehicle and the vehicle is covered by a manufacturer’s warranty throughout the lease period.

Which brings me to a problem faced by an old client of mine. One of his vehicles was a van that suddenly developed a leak from the windscreen turning the passenger well into – a well – literally, any time it rained.

It seemed fairly obvious that as there was no damage to the glass that there must have either been a manufacturing fault or an assembly fault so the driver took the van into the main dealer for them to sort out as part of the warranty.

The dealer, after consulting with the manufacturer, decided that it wasn’t covered by the warranty. At this stage, the client contacted the leasing company. After all, they own the van at all times, the client simply rents it. Knowing that the customer needed the van as part of his business they instructed the dealer to carry out the repair which was done and the van returned to the customer.

One would think that this was a happy ending and it was until the customer received an invoice from the leasing company for the cost of the repair. Clearly, he shouldn’t have had to pay for the replacement screen and re-fitting. Whilst I’m not wanting to point the finger of blame I simply want to bring this situation to the attention of all of those leasing a car or van because it raises some very fundamental questions.

First of all, in my opinion, this should have been a very simple warranty claim and the manufacturer should have simply paid for the repairs. However, once the repair was refused and hindsight is a great thing, the client’s insurer should have been called in.

Insurers will only pay out on a claim if the windscreen was damaged. As experts in their field had they said that the leak was a result of manufacture or assembly faults the manufacturer would have been hard pushed to continue to refuse the claim. On the other hand, they could have agreed that the leak was attributed to accidental damage and the screen replaced with the customer having to pay a small excess fee.

Now, as I mentioned at the beginning of this piece, my clients are not engineers or car mechanics so I wouldn’t expect them to think about contacting the windscreen company but I would expect the dealer to suggest this route unless they were simply looking to replace the screen and make money out of the customer, supported by the dealer. Why did they not do this?

Moving on to the owners of the vehicle, the leasing company. They have their own engineering department who deal with service and maintenance issues. As they own the car I would also suggest that they should take up any warranty claims on behalf of the customer.

After all, if you rent a car from Avis you would expect them to take care of the problem if you suddenly heard a knock from the engine. Down to them to sort out any warranty claims as they own the car and the warranty.

But even if they didn’t accept that they should take responsibility for the warranty claim they did take up the case with the dealer. At that stage, an engineer to engineer discussion should have taken place and if the leasing company agreed with the dealer and manufacturer that this was accidental they should have explained this to their client and recommended that the customer make a claim on his insurance, after all, they are the experts, not my (and their) client.

Finally, without reference to their customer, the repairs were authorised by the leasing company. However, they didn’t have the permission of the customer to spend his money. It is unlawful to spend someone elses money without authorisation, which wasn’t given in this case so the customer has every right to refuse to pay. The argument continues but I’ll let you into a little known secret.

This all took place in the third year of the warranty. Did you know that in most cases the manufacturer only provides the first two years of the ‘manufacturer’s’ warranty? The 3^rd year is ‘paid for’ by the supplying dealer. And whilst the way this is done is shrouded in secrecy I have heard that one large dealership group self-funds.

In other words, if you make a warranty claim in the 3^rd year and repairs are carried out the supplying dealer will pay for them. It works out cheaper than paying for the warranty cover on every car.

So there is an incentive to decline a warranty claim. Now I’m not saying that this is the case in this instance but it throws a big question mark over the way that warranty claims are handled.

I’ll be keeping an eye on things with regard to my client and report back the final outcome. By Graham Hill

Andy Eastlake, managing director of the Low Carbon Vehicle Partnership (LowCVP), says the “overriding aim” must be to accelerate the drive to “truly, low pollution vehicles” and to rapidly increase the number of zero emission miles driven.

However, he told Fleet News: “While combustion fuels still predominate, we need to use all the tools in the box to deliver lower CO2 and cleaner air, and the efficiency of diesel engines should be captured where possible.

“The latest diesels must, and with RDE2 can now be shown to, deliver emissions as low as petrol.”

Indeed, tests conducted by German automobile club ADAC on some of the latest models, not officially classified as RDE2, suggest they are as clean as their petrol counterparts.

The conformity factor for RDE2 gives an actual on-the-road limit of 114mg/km for diesel and 86mg/km for petrol.

Nearly all the cars tested by ADAC emitted less than 50mg/km

The Volkswagen Golf 1.6 TDI SCR performed exactly the same as its petrol counterpart, emitting 14mg/km of NOx.

ADAC performed the tests using a portable emissions measurement device (PEMS), in the same way as the official test.

Erik Jonnaert, secretary general of the ACEA, the European trade association for carmakers, believes modern diesel cars can play a strong role in helping cities move towards compliance with air quality targets.

“It is important we stop demonising diesel technology as a whole,” he said. “Instead, we need to differentiate between the old diesel fleet and the latest generation of vehicles.”

The second stage of Real Driving Emissions testing (RDE2) calls for no more than 114 mg/km of nitrogen oxides (NOx) over a wide envelope of real-world driving conditions. This requires an impressive clean emissions performance from diesel vehicles. But should we trust the system this time?

We can be more confident now, yes. RDE2 is very similar to what has been in place in the USA for more than 10 years. The US test is easier, but the limit is lower and the engineering task overall is similar.

RDE2 vehicles are typically delivering emissions in the 20-40mg/km range on the Emissions Analytics’ test cycle, compared with the average of pre-RDE diesels in Europe of around 400mg/km. So, at least an order of magnitude reduction.

Further, the imminent introduction of in-service conformity testing, which can be carried out by third parties, will make it risky to cheat, meaning confidence in RDE2 results should be higher.

Good though they are, these RDE2 vehicles will not be enough to solve urban air quality problems.

Why? At the same time as these RDE2 vehicles are on sale, for the next six months there will still be new diesels available legally emitting 400mg/km and more – all labelled Euro 6.

As Euro 6 has been in place since 2014, the number of pre-RDE Euro 6 diesels on the road will dwarf the number of RDE2 vehicles for years to come. Even some of the early RDE1 vehicles skate close to the emissions limit and will never be subject to in-service conformity testing.

Action is needed on these pre-RDE vehicles to solve urban air quality and rebuild trust in diesel technology – whether or not that is wanted by policymakers. It may prove necessary to meet climate change goals.

Making the regulations for future vehicles ever harder is burdening manufacturers – and ultimately buyers – with unnecessary cost, when the more efficient solution is to address the dirty Euro 6s already on the road. To enable this, genuinely independent ratings are required to compare vehicles of all types and ages, not just piecemeal self-certification by manufacturers. In that way, more targeted and efficient procurement and city access policies can be set.

Rebuilding trust and evidencing the low emissions of their current vehicles are key reasons why Jaguar Land Rover submitted a range of its latest diesel vehicles to the independent AIR Index test (www.airindex.com). These are ratings based on the new European standard methodology CWA17379 and conducted for the independent AIR Alliance (www.allowAIR.org).

The ratings apply to vehicles of any age and are controlled by neither governments nor manufacturers so, for once, the results, can truly be trusted. By Graham Hill (Thanks To Fleet News)

Brexit will not diminish the emissions rules either, given the Government has said they will apply when the UK leaves the EU.

The rules have been called into question in the courts, however, with three cities – Brussels, Madrid and Paris – successfully challenging the provision allowing on-the-road emission limits to vary from those required in the laboratory.

The European Court of Justice ruled in their favour, saying that the European Commission (EC) had no power to weaken the emission limits.

The ruling meant the Commission needed to amend the RDE regulation to ensure that diesel vehicles actually emit less than 80mg/km during the on-the-road test.

The EC subsequently lodged an appeal against the ruling and is also preparing new legislation that will have the same effect as the law declared illegal by the courts in December.

Elzbieta Bienkowska, European Commissioner for industry, says that if the new legislation is adopted in time, the commission will withdraw the appeal. By Graham Hill (Thanks To Fleet News)

Fleets and some consumers are taking delivery of the first RDE2 diesel cars, cutting vehicle excise duty (VED) and company car tax, with manufacturers promising that more models will follow.

Mercedes-Benz stole a march late last year, when it added two new diesel engines to the A-Class range – the A 200d and the A 220d – which met stricter emissions limits, well before they become the legal requirement.

The new units have been tested to the RDE2 standard, meaning company car drivers will benefit from tax savings thanks to the removal of the 4% benefit-in-kind (BIK) tax diesel surcharge.

Fleets will also benefit from not having to pay the higher first-year rate of VED on new diesel cars not meeting the RDE2 standard.

The German carmaker says it now has eight RDE2-compliant cars available to order: A200d, A220d (both available as saloon or hatch), B200d, B220d, GLE 350d and GLE 400d. The first deliveries were made in February.

Jaguar Land Rover (JLR) has also been quick out of the blocks, announcing in January that the all-new XF 2.0-litre diesel 163PS and 180PS rear-wheel drive variants had been certified as RDE2-compliant.

It says this could save 40% taxpayers up to £2,304 in company car tax over three years compared with models which are subject to the 4% diesel surcharge.

JLR subsequently announced that the revised XE would also be available with an RDE2-compliant 180PS diesel engine, as well as 163PS and 180PS XF Sportbrake models and the new 150PS Evoque.

The manufacturer told Fleet News that further announcements on RDE2-compliant cars are “imminent” and deliveries of the first tax-busting models would be made by the end of this month.

It says its latest diesel engines offer approximately 25% better fuel economy than their petrol equivalents, produce around 15% less CO2 and emit around the same amount of NOx.

Rawdon Glover, managing director of JLR UK, attributed its success to “significant investment” in advanced engine technology.

“These new diesel engines meet the demanding target, set by the latest European standards, well ahead of schedule,” he said. “The test results reflect their performance in real-world driving conditions.”

BMW told Fleet News that the new 1 Series will be its first model that is classified as RDE2. A spokesman said: “We will introduce RDE2 technology into the BMW range from the middle of this year, with the first customer deliveries in Q3.

“There will be a staggered roll-out of this technology across the range but the full model range will, of course, be compliant ahead of the required deadline.”

Vauxhall is also advanced with its plans, with the new Astra, due for launch this summer (first deliveries Q4), the first of its RDE2-compliant models. “Then it comes model by model,” said the company.

However, Audi admitted it was still in the “preparatory phase” after dealing with re-homologation under the Worldwide harmonised Light vehicle Test Procedure (WLTP).

A spokesman said: “We continue to work at full speed on this to close the remaining gaps in our product range and to minimise delays.” By Graham Hill (Thanks to Fleet News)

The hope is these latest diesel engines could offer some respite to the beleaguered fuel, turning the tide on the anti-diesel rhetoric.

However, EU law-makers, who decided to subdivide the Euro 6 standard, rather than call RDE2-compliant cars Euro 7, have not helped that cause.

When the new vehicle emissions test, WLTP, replaced NEDC for all new type approvals in September 2017, the Real Driving Emissions (RDE) test was also introduced to offer an on-the-road measurement.

The limits for emissions remained the same but the testing regime changed and was reflected in a new standard – Euro 6b became Euro 6c.

Under the RDE test, the car is fitted with a portable emission-measuring system (PEMS) before being driven for 90 minutes on public roads in different conditions, with both uphill and downhill driving, and a mix of urban and rural roads and motorways.

It is being introduced in two stages, the step 1 test – RDE1 – became compulsory for all new type approvals from September 1, 2017, when WLTP was also introduced.

RDE1 will become mandatory for all new registrations from September 1.

WLTP testing, which takes place in the lab, has been mandatory for all new registrations since September 2018, with diesel cars having to meet the NOx limit of 80mg/km and petrol 60mg/km, with cars achieving the limit labelled Euro 6c.

New type approvals, however, have also had to meet the limits on-the-road from September 2017.

The EU has cut manufacturers some initial slack, allowing for a margin of error two times the actual limit. Cars achieving RDE1 are classified as Euro 6d-temp.

However, the rules will begin tightening from January 2020, starting with new type approvals.

This next stage, RDE step two (RDE2), is the measure now being achieved early by some manufacturers, giving fleets and company car drivers the benefit of a tax cut first announced in Budget 2017.

The NOx limit for the RDE2 standard is up to 1.43 times the Euro 6 lab limit of 80mg/km for diesel and 60mg/km for petrol. Cars achieving this limit are labelled Euro 6d.

RDE2 will apply to all new registrations from January 1, 2021, before the margin for error – the conformity factor – will be removed by 2023. By Graham Hill (Thanks to Fleet News)

After years of complaints about the dodgy practices used by rogue parking companies to impose fines of hundreds of pounds leading to severe hardship, the law is about to change.

The Parking (Code of Practice) Act 2017-19 introduces new guidelines for private firms to follow and an independent appeals service

A new law is being introduced to regulate private parking companies and protect drivers from unfair fines.

The Parking (Code of Practice) Act 2017-19, which has been given Royal Assent, will see private parking companies subjected to a new Code of Practice which aims at making the industry more consistent, transparent and easy to understand.

Private parking firms who breach the code could be punished by being barred from asking the DVLA (Driver and Vehicle Licensing Agency) for motorists’ details, making it much harder for them to enforce fines.

In addition, the Act will see the introduction of an independent appeals service, which drivers can use to challenge unjustified parking tickets.

Local Government Minister Rishi Sunak MP said: “For far too many drivers slapped with unjust fines, this largely unregulated industry feels like the Wild West.”

Sunak expressed his sympathy for drivers who face “awful treatment at the hands of dodgy parking firms”, condemning rogue companies for making “intimidating demands for payment” and having “baffling appeals processes”. He added that the act would “cut out rogue operators” and give drivers “greater protection”.

Already, the Act has won the backing of a number of motoring groups, including the AA and RAC. These organisations will now help the Government write the Code of Practice.

Nicholas Lyes, head of roads policy at the RAC, commented: “For too long, some unscrupulous private parking operators have made drivers’ lives a misery with some questionable practices, which sent levels of trust in the sector plummeting.”

He added: “The code will create more consistent standards across the board, which should eliminate dubious practices and create a single, independent appeals process.”

Andrew Pester, chief executive of the British Parking Association, said the Act would “enable greater consistency and consumer confidence”, adding that his organisation would work to provide “a fair outcome for motorists, landowners and parking operators alike”.

How Will The Government Plug The Revenue Hole Created When Drivers Move Heavily From Fosil Fuels To Electric?

As we know as drivers move across to electric cars there will be a massive slump in revenue to the treasury, estimated to be £14 billion by 2040. There are a few proposals floating around that will allow the Government to recover this revenue, the most popular is a levy payable per mile.

Currently, the treasury receives 57.95 pence per litre added to the pump cost of petrol and diesel. In a report prepared by Bloomberg New Energy Finance reported by the Times, they suggest that the Government could try to compensate for future losses by increasing fuel duty for the remaining petrol and diesel cars.

On the other hand, they could impose higher surcharges on electricity but they point out that it would be better to apply mileage-based road charging. Their researchers calculated that a charge of 7.5 pence per mile introduced by 2030 would be enough to make up for lost duties, with the charge rising to 9.1 pence by 2040 as EV’s continue to grow in number.

In truth, this will cost the average driver £700 a year which is actually cheap. If you take a driver covering 9,000 miles per annum on average fuel consumption of 30mpg (petrol) the cost is currently £1,600 a year in fuel. So whilst we might immediately react in horror that wouldn’t be such a bad price to pay. The problem is, how will we manage the pence per mile charging?

Other major countries, including the US, China and Germany have been advised to consider the concept. In 2007 there was major public outcry when the Government announced proposals to introduce a mileage charge for using motorways at peak times. Not surprising as the charge was set at £1.34 per mile.

Clearly, something needs to be done to prepare for the massive changes in the way we get about the planet. The question is will we have the answers in time? There were a lot of people congregating in London over Easter that don’t think we will. Very worrying times!  By Graham Hill

In 2012, a lawsuit was brought up against a McDonalds restaurant due to a slip and fall injury. In the suit a 54 year old woman claimed to have suffered a severe injury to her spine.

Over the course of the investigation, it was determined that the owner had received the proper guidelines on maintaining a clean working environment while keeping things safe and clean.

The final verdict came in that the staff of McDonald’s failed to follow the inspection protocol and there was spilt food/drink and the woman won $2.6 million in economic damages and $3 million for non-economic damages for diminished quality of life.

Whilst compensation in the UK is nothing like the compensation paid out in this case similar rules apply in slip and fall cases. And if my memory serves me correctly the lady involved actually spilt the ketchup in the first place.

So what has this got to do with potholes? When the roads in this country first started to deteriorate local authorities found it cheaper to pay for the occasional tyre blowout and bent alloy than repair the roads. You would take a photo of the pothole and send it with a receipt for the repair and the local authority paid out instantly.

Similar to the responsibility of those who maintain public spaces to make them safe for the public you would assume that the same applies to local authorities when it comes to potholes. But it seems to have changed and the same rules of responsibility apply. You now have to prove that the local authority was already aware of the pothole and did nothing about it. Or doesn’t have a maintenance programme in place. This has got to be wrong.

I always recommend that you take legal cover with your car insurance as they can give you legal advice in these circumstances and even send you a legal letter that you can use when claiming compensation. If you have a winnable case they may even take the council to court on your behalf..

If you haven’t got legal cover you can upgrade your policy or the RAC offers a very good policy for just £15 per annum. Always take advice from a financial advisor before taking out insurance. By Graham Hill

It wasn’t that long ago when it was only top of the range cars that had mobile Bluetooth connectivity which meant that the internal storage in the car would store all of your phone book. You, therefore, had to delete your phonebook if you didn’t want the new owner to have access to your list of family, friends and contacts.

Things have now moved on and even the most modest of cars has a pile of data stored about you. What Car has looked into this and come up with a list of things you can do to protect yourself from a cyber attack.

• Keep in touch with your car’s manufacturer regularly to check whether it has issued software updates or recalls to improve security. Alternatively, you can see if your car has an outstanding recall notice at gov.uk/check-vehicle-recall.

• To minimise the impact if your car and/or sat-nav is stolen, use any security features your sat-nav offers and think about regularly wiping all the data, such as your home address, from the system.

• If your car has built-in wi-fi, never leave the default password on it and never leave a note of the new password inside the car.

• Turn your car’s wi-fi and Bluetooth off when you’re not using them.

• If you download any smartphone apps that will be processing payments for your car, such as road toll fees, make sure they’re password-protected.

• Make sure your smartphone’s operating system and apps are the latest versions; updates are often issued to patch possible security vulnerabilities that can give cyber criminals access to your phone.

• Protect your social media accounts by making sure you’ve activated the privacy settings. With Facebook, avoid public updates and only send posts to your friends. With Twitter, you can’t be as selective.

• Protect your home by making your car’s sat-nav less accurate. If you don’t want cyber criminals to know where you live, instead of setting your home address to your house, consider setting the shortcut to a nearby junction or the closest motorway exit.

What to do if you’re selling your car or returning a hire car

• If you’ve paired your phone to the car to access hands-free operation, go into the Bluetooth set-up menu and remove your phone from the paired phones list, as well as deleting your contacts if they’ve been downloaded onto the system.

• Check the car’s manual to find out how to clear all your private data from the infotainment system. It might be listed as a ‘factory reset’ option.

• If your car has web-connected services that bring data from your favourite apps and social networks to the dashboard, disconnect this. If you don’t, other drivers might be able to gain access to your Facebook and Google accounts. To wipe the information, you’ll need to reset the infotainment system to its factory-fresh state.

• If your vehicle has an integrated remote control that you’ve paired with your front gate or garage door, your vehicle is essentially a gigantic key to your house. Check the instruction manuals for your electric gate or garage door for resetting instructions.

By Graham Hill

It’s that time of year when sap starts falling from the trees, birds feel the need to leave a present on your windscreen and bugs start committing suicide by throwing themselves on your windscreen. The net result is a difficult to see through windscreen.

If this happens you need to clean it as quickly as possible because it’s illegal to drive your car when the screen is difficult to see through with some hefty penalties.

Car owners have a responsibility to make sure their driving doesn’t negatively impact other motorists.

One way this could happen is by having a dirty windscreen or another glass surface which is required to be clear while on the road, such as the side mirrors or rear windscreen.

Having a filthy windscreen could impair your vision and similarly your decision making and reaction times and could lead to an accident.

Regulation 30 of The Road Vehicles (Construction and Use) Regulations 1986, says that drivers are required to keep class surfaces clean and clear.

“All glass or other transparent material fitted to a motor vehicle shall be maintained in such condition that it does not obscure the vision of the driver while the vehicle is being driven on a road,” the law states.

If you were to have an accident as a result of having a dirty windscreen then you could be fined and charged for careless driving.

Punishments for careless driving range from an on-the-spot fine of £100 and three penalty points.

However, if your case was to go to court then you could see that fine increase to a massive £5,000 and receive up to nine penalty points.

Serious offences could also see you lose your driving licence.

Neil Greig, Policy and Research Director at IAM RoadSmart, said: “Careless driving is all about penalising the negative impact you have on other drivers.

“If a dirty windscreen is stopping you from driving safely then you should expect to be caught and charged.

“Not having clear vision in low sun situations is a really serious issue.

“In 2016 ‘dazzling sun’ was recorded by the police as a factor in 28 fatal crashes, 463 serious injury crashes, and just over 2,100 slight injury crashes.

“The best solution is to keep your windscreen clean, inside and out, and to carry a pair of sunglasses all year round.”

In order to keep your screen clear AutoExpress have tested a number of windscreen washes. Their Best Buy for 2019 was Dirtex Aquaphobic Screen Wash as a cost of £13.95 for a litre. Visit www.chipex.co.uk . Their Recommended award went to Angelwax Clarity at a cost of 7.95 per litre. Both were evenly matched but Dirtex edged out Angelwax as the dilution ratios actually made Dirtex cheaper.

So don’t risk a fine and up to 9 points on your licence.   By Graham Hill