Hospital Complaint For Breach Of Equality Act 2010

Castle

bod1467 wrote: »

I'm not sure you can SAR individuals, unless MPs come under the same category as companies or other similar bodies.

Gary Streeter MP is registered with the Information Commissioners office under NumberZ5017068 and is a data controller. Send him your Subject Access Request and £10 and tell him he has 40 days to comply with the Data Protection Act.

Fruitcake

Fergie76 wrote: »

Once I get my POPLA result, I might arrange an appointment for one his surgeries and have a face-to-face discussion with him and try to educate him.

Good thinking. A PoPLA win will disprove everything he believes ...








Oooh look, a flying squadron of porkers.

Fergie76

My POPLA appeal is due to be heard tomorrow, but today there has been a disappointing turn of events.

I have received an email from POPLA saying that the Operator has informed POPLA that they have cancelled the parking charge notice, therefore my appeal has been upheld.

Obviously, it's good that it's been cancelled, but it has let POPLA off from making a decision and allows my MP to argue that the driver was still in the wrong and that it was only cancelled as a goodwill gesture.

Umkomaas

I have received an email from POPLA saying that the Operator has informed POPLA that they have cancelled the parking charge notice, therefore my appeal has been upheld.

My post #151 predicts this. Pity.

Still there's no need for your MP to know the detail. Your appeal has been upheld by POPLA, ergo the PPC had no grounds to pursue this, and were, quite clearly WRONG, as is your MP - period!

Fergie76

Just sent my MP another email, as you have said above I should have just said upheld though:

[FONT=&quot]Well I would suggest that your judgement is flawed. You say you want to help and yet refuse to understand the issues surrounding Private Parking Companies. What internet sites have you used? By the sounds of things, just the BPA website. One example of the predatory nature of Private Parking Companies that I have seen today is (link):[/FONT]
[FONT=&quot] [/FONT]
I had my appeal rejected by Christopher Monk at POPLA today. Again unfairly in my view.

His finding was:

'I find that the operator has not shown that the signage was
sufficient to make it clear that a premium customer was not entitled to park where the appellant did.
However, I also find that the operator has produced evidence from their system showing that the appellant entered the letter ‘O’ instead of the number ‘0’ when entering their vehicle registration mark into the payment system. This means that the appellant did not purchase parking for their vehicle, so was parked without a valid entitlement to do so. This means that the appellant breached the terms of parking and that the charge notice was therefore validly issued.'

I find it unjust and disproportionate to be expected to pay an additional £85 over above the £8.40 I already paid to park at Flitwick station, when even POPLA except I was parked correctly and had paid. Further more I've been using the phone system for some years - I didn't enter the reg number that day, it was already in the system - so its bizarre I've never had a PCN before or since. It seems APCOA pulled that one out of the hat.[FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]There are thousands of unjust parking tickets issued, just like the above every year.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]You say the car was wrongly parked, wrongly parked according to who? Made up rules by APCOA. The fact they are breaching discrimination law is immaterial you, it seems? [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I have asked this more than once before, but as yet have not received an answer, what is your opinion on APCOA breaching their own trade association’s rules, especially breach 2 and 3? Just to refresh your memory I will list what they are again:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]First breach – When I visited the same car park in June 14, the signs clearly had the word penalty on them, see Annex B. I reported this breach to the BPA and APCOA were made to change their signs and were awarded penalty points by the BPA. To change the signs all APCOA did were to cover the sentence containing the word penalty with blue tape. As no other bits of the sign were changed, I have to assume, in accordance with your website site which confirms this, that the sum you/APCOA are trying to extract is a penalty. Therefore I put it to you again; under what authority are you trying to claim this penalty.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Second breach – Section 16.5 of the BPA AOS COP says:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]16.5 If your landowner provides a concession that allows parking for disabled people, if a vehicle displays a valid Blue Badge you must not issue it with parking charge notices. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]So in accordance with AOS COP, APCOA should not have issued a parking charge notice as you as landowner provide a concession for disabled people. You will note from the above paragraph that it does not state that this is only applicable to the disabled bays.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Third breach – Pretending for a minute that it is not a penalty and that it is a contractual charge the BPA AOS COP states:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] 19.5 If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer. We would not expect this amount to be more than £100. If the charge is more than this, operators must be able to justify the amount in advance.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The £60 charge cannot be a genuine pre-estimate of loss or else you would not be able to offer a 50% discount if paid within 14 days or else you would be losing money on each and every ticket paid within the 14 days. Can you please provide me, under the Freedom of Information Act, a copy of your genuine pre-estimate of loss? Bearing in mind that you cannot look to cover costs, where there has been none in the first place. Please do not refer me to APCOA for this, they are your Agents and I am requesting that you supply the information as they are issuing these penalties on your behalf.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Forth Breach – The BPA AOS COP places high importance on Entrance Signs:[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] 18.2 Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area. Entrance signs must tell drivers that the car park is managed and that there are terms and conditions they must be aware of. Entrance signs must follow some minimum general principles and be in a standard format. The size of the sign must take into account the expected speed of vehicles approaching the car park, and it is recommended that you follow Department for Transport guidance on this. See Appendix B for an example of an entrance sign and more information about their use.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]There are no entrance signs at the entrance to the hospital, car park 3 or the car park at the St Marks entrance to the hospital.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]In previous correspondence, you have stated that I don’t have a case and will lose. My POPLA appeal was due to be held tomorrow (Tuesday) and today I received an email saying the Operator has cancelled the charge and I have had my appeal upheld. Now, why would the Operator fail to defend the charge, if as you believe they had such a strong case?[/FONT]

Fergie76

Was expecting a reply to my latest complaint from the hospital yesterday and again never received anything, so I emailed them last night and received a reply today that the reply they sent me on 11 Nov (somewhere above), was that reply. Just emailed them back saying that that reply in no way answers any of my complaint:

I am sorry, but this is just not good enough from your Trust. Firstly, I wrote the Chief Executive personally and whilst I appreciate he is on annual leave, out of courtesy, I would expect a personal reply from him or his Acting CEO, Simon Crawford.

Secondly, how can the reply of 11 Nov 14, address the points to my letter of 22 Oct 14 (which I attached to my email yesterday), when it quite clearly states it is in response to my email of 17 Nov 14 and doesn’t even refer to my letter of 22 Oct, which was my formal reply to your reply? And in no way does the letter of 11 Nov address all the issues of my letter of 22 Oct.

To illustrate how you have not fully answered my complaint, I will take the headings of each of the sections of my letter dated 22 Oct 14:

1. Breach of Equality Act – you have tried to answer that point, however you have not addressed any of the issues I have raised on why you have breached the Equality Act.

2. Notice to Keeper / Blue Badge Scheme – not even mentioned in your reply of 11 Nov 14.

3. Number of Disabled Bays – Not mentioned.

4. Parking Charge Notice – Not mentioned.

5. British Parking Association – Not mentioned.

6. Freedom of Information – Again not mentioned. I have since received the information, but do you think it’s acceptable that your Trust breaches the FOI Act? Although it is happy to breach the Equality Act, so why not the FOI Act as well…

7. Contact with the Trust – Again not mentioned. I have severe doubts if members of your Trust even read the correspondence that I send, as on more than occasion I have asked for all correspondence to be via email and yet I have had to chase up a soft copy after receiving a hard copy through the post and also as illustrated above you have failed to respond to any of my points of complaints.

Further to the breach of Equality Act and why you have not made reasonable adjustment, I will explain further. My wife had been in hospital for some time, due to her condition (went into more detail in hospital email). So can you please explain to me how you have made reasonable adjustment in this case, to comply with the Equality Act 10?

In your reply of 11 Nov 14, you state that the parking penalty was for breach of contract. I take it, that you are aware that the hospital cannot charge penalties and all you can claim for is a genuine pre-estimate of loss? So can you please provide me a breakdown of your genuine pre-estimate of loss? This goes for all parking penalties issued by the Trust, so you are fraudulently claiming money from your patients and visitors that you are not entitled to.

With reference to meeting Gary Munn, I would be more than happy to, however I don’t think it is practical, as I live 4 hours away. I will be prepared to travel, if the Trust reimburses all of my expenses, or if Gary is due in the Plymouth area any time soon, again I would be more than happy to meet him. I am also willing to have a telephone conference with him, in which case this Friday afternoon would suit me best or video call over Skype?

Lastly, are you aware that APCOA have failed to produce any evidence to POPLA and therefore I have had my appeal upheld? Now, if your/their case was so strong, why would they fail to contest it. I told you at the very start of this saga, that I would win.

Umkomaas

Keep going buddy!

Fergie76

Aye, I won't give up easily.

Fergie76

Think I am really p*ssing off my MP now... :rotfl:

I had not received any reply or acknowledgement to my email on Monday (see post 166), so I emailed it to him again, saying I think it got lost and he responded almost immediately:

I did get it but am somewhat busy. Another e-mail should have come to you by now. These have really become legal matters, do you not think?

So I have just replied with this:

[FONT=&quot]In what way do you think it has become a legal matter? [/FONT]

[FONT=&quot]I understand that you are refusing help me in this matter and you have forcefully told me that the driver was in the wrong and I would lose, however I have provided you with overwhelming evidence that the hospital and APCOA are clearly in the wrong and this has been confirmed by APCOA’s reluctance to provide any evidence to POPLA to back up their case and therefore my appeal being upheld. You don’t know what my wife’s disability is, so how do you know if the hospital are making reasonable adjustments in accordance with Equality Act 2010?[/FONT]

[FONT=&quot]A as my MP and representative, with a general election looming in the next 6 month, I think it is important for me to know what your views are on such penalties and if you are prepared to fight to eliminate them? [/FONT]

[FONT=&quot]I have repeatedly asked you for your opinion on a number of issues relating to private parking companies illegally penalising the general public, which you have repeatedly avoided answering and also for your views on APCOA breaching their own Trade Association’s Code of Practice? [/FONT]

[FONT=&quot]Therefore, can you please give your views on the issues that I have raised? Do you not also agree that parking should be free at hospitals for everyone, like in Scotland and Wales, as charging for parking is a stealth tax on the ill and vulnerable and the founding principle of the NHS was that it was free at point of use? How can it be free at point of use, if you are paying to park or risk being fined (invoiced) up to £100 a time?[/FONT]

[FONT=&quot]If you would prefer, I am more than happy to meet you face-to-face the next time you have a surgery to avoid the email ping pong that we have been enjoying?[/FONT]

Fergie76

Had a reply from my MP already and he wants to take me up on the offer to meet up.