Hospital Complaint For Breach Of Equality Act 2010

bod1467

This is a typical modus operandi of Bantex - does the same on other boards too.

Fergie76

martmonk wrote: »

I had a little trouble with Northumbria yes.

If the OP sees the posts towards the bottom of this page they'll see the FOI I sent for specific clauses.

If you look at the whatdotheyknow site you'll see other examples at other trusts including my efforts with South Tyneside.

In both Northumbria and south Tyneside examples they are using the standard 2010 NHS terms and conditions. However there are amends to it.
I would therefore construct an FOI which asks about specific clauses on authority, asks if the standard 2010 contract is being used and if so asks for details of the amends, omissions, and additions to it.

Apologies I've not replied sooner, but I have been working all weekend.

Thanks for the info and I will have a look.

Fergie76

So looking at whatdotheyknow, I have found a FOI to Ashford and St Peter's hospital, who have supplied the contract after initially saying the were unsure if they would be able to, so I will quote that as precedence. I will still try for the full contract and then if not ask for the specific section that require.

https://www.whatdotheyknow.com/request/parking_enforcement_33#incoming-459753

https://www.whatdotheyknow.com/request/183633/response/459753/attach/html/3/FOI%20Reply%203321%20MoA.doc.html

I think it is the full contract...

Fergie76

And another one here for South Devon Hospitals.

https://www.whatdotheyknow.com/request/185148/response/457538/attach/html/4/Ref%201336.Contract%20schedule.pdf.html

Fergie76

martmonk wrote: »

Oops, forgot the link:

https://forums.moneysavingexpert.com/discussion/4768887

Cheers for the link, just had a read. Gives me a few ideas.

Well done on getting PE kicked out.

Fergie76

Having thought about Martmonk's thread for a bit, the Trust I am dealing with have said they paid APCOA £132,000 for the hospital I am dealing with and £227,000 as a Trust as whole.

The Trust have also said that APCOA keep all the money from the P&D machines and 'invoices, penalties, fines', so why are they paying an additional £132k? Think it might be worth a FOI to find out what the £132k is for?

Will also ask if they pay any VAT.

Folkiedave

If that is what they pay they must be totally and utterly barmy. And that is public money. APCOA would pay them!!

Fergie76

So taking inspiration from Martin's (I'm assuming that's your name :rotfl:) thread, I have just sent the Trust the following FOI:

I would be grateful if you could provide me with the following under the Freedom of Information Act:

1. Can you please give me a full breakdown of what the £126,890.73 was paid to APCOA for in 2013/14?

2. Can you please give me a full breakdown of what the other £93,851.72 and 7,075.68 was paid to APCOA by the Trust for in 2013/14?

3. How much did the Trust receive from Staff for parking in 2013/14? How much was retained by the Trust and how much of it was paid to APCOA? What services do APCOA provide to Staff parking to justify this sum?

4. In your reply to question 3 below, you state that APCOA pays the Trust annual fee how much was this fee for 2013/14 for Northwick Park Hospital and the Trust as whole?

5. Given that your car parks are run by APCOA for a profit, can you please confirm if Business Rates are applicable in your car parks and if so, who’s responsibility it is to pay these? If it is the Trust can you please confirm how much you have paid for 2013/14?

6. Is the Trust paying APCOA (and therefore being invoiced) the VAT due on charges that are being levied by APCOA?

7. Other than slapping tickets on peoples cars, what other services are APCOA contracted to do in regards to parking management? How do you monitor they are achieving this?

8. How many parking tickets were issued by APCOA in 2013/14 and 1 Apr 14 at Northwick Parks Hospital and how many of them were related to disabled people/blue badge holders?

9. How many complaints has the Trust received about APCOA in 2013/14 and 1 Apr 14 to today?

Fergie76

After having to chase up my MP, I finally got a reply today and no surprise he doesn't understand the issues surrounding PPC's at all.

My apologies for not getting back to you sooner. Thank for you contacting me regarding your frustrations with the parking authorities at the Northwick Park Hospital and the lack of response regarding your Freedom of Information request. I’m sorry the hospital has not been forthcoming, and that this issue has caused such anxiety.

Having read through the documents you’ve sent through, it appears that the hospital does not have responsibility for the car park in question. I suggest writing directly to the APCOA complaints department. The difficulty may come in the argument you present as it seems they have acted in accordance with their own policies. It is possible these policies are at fault.

Can we just clarify that the person using the badge in this instance was the blue badge owner? You may run in to problems if this is not the case, as misuse of the Blue Badge in this way is an offence. This could negate the whole premise of your complaint.

Regarding the Freedom of Information request, if they have not replied within the time frame of 20 days and not informed you they need more time, I would advise you get in contact with the Information Commissioner’s Office. This is an independent body set up to uphold information rights in the public interest, including access to public body information.

I am happy to send a complaint directly from my office to APCOA, once you have confirmed this is how you would like to me to proceed.

Umkomaas

Just makes the knees sink in absolute despair. Ah well, there'll be more options than his box to tick in May next year!

If you're up for it, write back and suggest/accuse him of not doing anywhere near enough research to understand the problem before trying to fob you off. If he wants your vote in 6 months time, he'd better get his thinking cap on and provide a far better response.

Hopefully you live in a marginal seat!