Hospital Complaint For Breach Of Equality Act 2010

Ryan_Bryan

Deputy Senior Information Risk Officer. They aren't taking you seriously otherwise they'd roll out the Head Senior Information Risk Officer to reply.
Our tax money at work.

martmonk

I'm no expert but would start with an argument/challenge to the FOI request stating that a novation such as the one described forms part of the contract and therefore should have been supplied.

Fergie76

Cheers Martin. Will send that later tonight. Will wait and see if anyone else has anymore idea's first.

Fruitcake

If the change of owner isn't written into the contract either by a new issue or an amendment, in my humble opinion the contract with the new owner must be invalid.

Fruitcake

So, if the contract is invalid, the DVLA have no right to issue keeper details to a different company than the one named on the contract.

Copy of the hospital letter to the DVLA detailing this information methinks, and the ICO, and the press, and your MP.

... and another thing, both the PPC and the hospital trust have changed since the original contract was issued, so the hospital don't have a contract for parking management at all.

Fergie76

This is the argument I'm having with the Trust/DVLA/BPA/MP/ICO, do the Hospital/APCOA actually have a valid contract for APCOA to operate on the land?

I don't think they do, but they are claiming this "novation" thing, which I have never heard of before. If novation is correct, then they do have contract, but then surely they should have sent this amendment to the contract with the contract ?

And if they don't have a contract then all the other things are true about breach of DPA etc.

Fruitcake

The novation would have to have been in writing otherwise it is pure hearsay.

From the free online legal dictionary: -

Novation
The substitution of a new contract for an old one. The new agreement extinguishes the rights and obligations that were in effect under the old agreement.

Note the use of the word "substitution."

In my world, substitution means replacing. If the old contract has not been replaced with a new one I don't see how novation can have taken place.

I think we need the input from someone legally qualified to confirm this.

Fergie76

Just done another google search and the meaning of "novation" is to substitute a new contract for an old, if I read it correctly.

http://legal-dictionary.thefreedictionary.com/novation

novation n. agreement of parties to a contract to substitute a new contract for the old one. It extinguishes (cancels) the old agreement. A novation is often used when the parties find that payments or performance cannot be made under the terms of the original agreement, or the debtor will be forced to default or go into bankruptcy unless the debt is restructured. While voluntary, a novation is often the only way any funds can be paid.

So my understanding is that, if it is novation as they claim, then they have not supplied the correct contract as there should be a new one and they have failed to answer the FOI or more likely, novation hasn't happened and APCOA FACILITIES MANAGEMENT (HARROW) LIMITED still hold the contract.

Any legal minds, want to explain?

Read more at: http://companycheck.co.uk/company/03481526

Fergie76

Fruitcake wrote: »

The novation would have to have been in writing otherwise it is pure hearsay.

From the free online legal dictionary: -

Novation
The substitution of a new contract for an old one. The new agreement extinguishes the rights and obligations that were in effect under the old agreement.

Note the use of the word "substitution."

In my world, substitution means replacing. If the old contract has not been replaced with a new one I don't see how novation can have taken place.

I think we need the input from someone legally qualified to confirm this.

Pretty much my thoughts Fruitcake. Was writing the same thing as you were. Will fire off an email tonight.

Can't beat armchair lawyers... :rotfl:

Fruitcake

Fergie76 wrote: »

Pretty much my thoughts Fruitcake. Was writing the same thing as you were. Will fire off an email tonight.

Can't beat armchair lawyers... :rotfl:

Presumably you will be wanting a copy of this novation. If it miraculously does exist then I would want to see the original just to make sure someone hasn't just produced a new version to cover their @rses.