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Hospital Complaint For Breach Of Equality Act 2010

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Comments

  • bazster
    bazster Posts: 7,436 Forumite
    Combo Breaker First Post
    On the contrary, I would suggest that the lawfulness (or, more accurately, the relevance) of the contracts goes to the heart of the matter. No contract to operate = no reasonable cause = 100% the ICO's business!

    I wonder if the "ongoing issues" are relating to the complaint about DVLA that I have with the ICO at the moment?
    Je suis Charlie.
  • Fergie76
    Fergie76 Posts: 2,293 Forumite
    First Post First Anniversary Combo Breaker
    Thanks Baz, I'm stuck at work today, but will respond with something along them lines tomorrow.
  • Gryphon005
    Gryphon005 Posts: 41 Forumite
    Hehehe! :rotfl:,

    Ongoing issues?

    That's got to be the understatement of the year :T
  • ManxRed
    ManxRed Posts: 3,530 Forumite
    Completely agree with bazster. You need to draw their attention to this.
    Je Suis Cecil.
  • Fergie76
    Fergie76 Posts: 2,293 Forumite
    First Post First Anniversary Combo Breaker
    How does this sound? I'm on phone and hate typing on it, so it's a bit rushed:
    Thank you for your reply this morning.

    Can you please clarify the bit on the contract?

    As I believe it to be, the Parking Company needs a contract to operate with NHS Trust, if there is no contract, then they have no reasonable cause and therefore should be the business of the ICO?
  • bod1467
    bod1467 Posts: 15,214 Forumite
    I think you need to clarify that the reasonable cause comment relates to PPC access to the DVLA database.
  • Fergie76
    Fergie76 Posts: 2,293 Forumite
    First Post First Anniversary Combo Breaker
    Just sent the following to the ICO:
    [FONT=&quot]Thank you for your reply.[/FONT]
    [FONT=&quot] [/FONT]
    [FONT=&quot]However, I respectfully disagree that the legality of the contract is out with the remit of the ICO to review or confirm; my understanding is that there is no legal contract with APCOA Parking (UK) Ltd, therefore APCOA Parking (UK) Ltd has no "reasonable cause" with which to obtain my details and therefore a breach of the Act has occurred and will continue to occur each and every time they access the DVLA database – more than likely a daily occurrence. As such I would request that you confirm whether there is a valid contract or not, and if not the actions that will be taken to ensure the DVLA no longer release data to APCOA Parking (UK) Ltd in relation to this site, and the compensation arrangements made to all those who data has been released illegally.[/FONT]
  • Fergie76
    Fergie76 Posts: 2,293 Forumite
    First Post First Anniversary Combo Breaker
    Also just sent a hastener to the BPA:
    I am somewhat concerned about the lack of progress with your investigation into APCOA Parking (UK) Ltd, not having a valid contract to operate at Northwick Park and St Marks Hospital in Harrow. I first complained to Steve Clark on 28 Nov 14.

    I have continued to pursue the NHS Trust and they have confirmed with me that the contract that they have supplied is the correct and sole documentation related to the current operation.

    Can you please confirm how your investigation is developing and when you will be in position to reply?
  • Fergie76
    Fergie76 Posts: 2,293 Forumite
    First Post First Anniversary Combo Breaker
    Well what a surprise, the BPA are not interested and didn't even have the decency to tell:
    Thank you for your e mail in reference to your complaint against APCOA as regards managing land at Northwick Park and St Marks Hospital in Harrow.

    The case was concluded in conjunction with the DVLA just before Christmas in that APCOA do have agreements to operate at the hospital.

    The DVLA, after consultation with myself, wrote to you attaching the redacted agreements with reference to this and consequently the BPA have also closed the case.

    Thank you for bringing this to our attention.

    I'll reply tonight when I get home from work so any input would be greatly appreciated.
  • bazster
    bazster Posts: 7,436 Forumite
    Combo Breaker First Post
    I think you are wasting your time with the BPA, they would argue black is white if it suited them, and since they are not the data controller you can't duff them up with the DPA.

    If I were you I'd concentrate your efforts on DVLA, ICO and the trust. Once you've proved how far out-of-line APCOA and the trust are on this you can then beat up DVLA and your MP about how useless BPA is in refusing to do anything about it.
    Je suis Charlie.
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