Hospital Complaint For Breach Of Equality Act 2010

Herzlos

It's still worth getting the BPA to incriminate themselves completely though, for later use.

For one I'd be asking if they can provide this evidence that valid agreements are in place, as the FOI request from the hospital hasn't provided one.

That'd imply that either the BPA or the hospital is doing something wrong.

Did you receive these redacted contracts from the DVLA? Do they match with documents you got from the hospital?

Fergie76

Herzlos wrote: »

It's still worth getting the BPA to incriminate themselves completely though, for later use.

For one I'd be asking if they can provide this evidence that valid agreements are in place, as the FOI request from the hospital hasn't provided one.

That'd imply that either the BPA or the hospital is doing something wrong.

Did you receive these redacted contracts from the DVLA? Do they match with documents you got from the hospital?

The BPA are saying they conducted their investigation in conjunction with the DVLA and I received to letters from the DVLA which apparently grant APCOA authority.

2 problems with that though are:

1. The experts here and on PEPIPOO agree that the two letters supplied do not over-ride the contract.

2. The NHS Trust have said two me that the contract and the name change that they have supplied is the correct and sole documentation related to the current operation.

Fergie76

So I have drafted this reply to the BPA, any suggestions/improvements are most welcome. I will be sending it tonight before I go to bed.

Thank you for your response, however I still have a few issues…

Firstly, I am disappointed that you failed to contact me to tell me that you had concluded your investigation and of the outcome. Yes, the DVLA did write to me, but that was in regard to my complaint with them and not the one I have raised with you.

Secondly, as I have informed the DVLA these letters hold no weight in law and do not over-rule a legally binding contract. The contract specifically states that FMG (Harrow) Ltd/APCOA Facilities Management (Harrow) Ltd, cannot assign any interest in the agreement to a third party. As I understand it, the only way APCOA Parking (UK) Ltd can become party to the agreement is via a contract amendment. I have pressed the NHS Trust for this contract amendment, however they have quite categorically stated “The contract provided is therefore the correct and sole documentation related to the current operation.”

So as far as the hospital is concerned and I am concerned these letters hold no legal standing and do not change the original contract.

I would also like to bring other breaches of the AOS COP by ACPOA Parking (UK) Ltd to your attention. I have not raised these concerns with you previously, as I wanted to concentrate on the lack of a authority, which they clearly do not have.

The 5 breaches are:

First breach – When I visited the same car park in June 14, the signs clearly had the word penalty on them. I reported this breach to you and APCOA were made to change their signs and were awarded penalty points. To change the signs all APCOA did were to cover the sentence containing the word penalty with blue tape.

Second breach – Section 16.5 of the BPA AOS COP says:

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.

The car was clearly displaying a disabled badge, so APCOA should not have issued a parking charge notice as the landowner provides 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.

Third breach – Pretending for a minute that it is not a penalty and that it is a contractual charge the BPA AOS COP states:

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.

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 APCOA would be losing money on each and every ticket paid within the 14 days.

I have received a copy of their GPEOL from the hospital under a FOI and it quite clearly is a work of fiction that is repeatedly defeated at POPLA, as it contains stuff that is normal business costs and not representative of their actual loss.

Loss of P&D revenue Tariff £12.20
Cost of PCN issuance:
Labour Cost / Licences / Software upload / Consumables / Misc. £12.25
Associated Labour cost of officer patrol per hour £9.05
DVLA Fees / Processing Costs for appeals £15.00
Admin Expenses for appeal: Stationery £3.00
Postage £2.00
Printing £2.00
Attendant and POPLA Appeals staff wages and salaries including Employers National Insurance Attendants (PCN recording and issuing) for a standard case £15.38
Appeals Staff 1 hour (call handling / appeals writing) for a case £9.13
Management at 3 hours (quality control / evidence gathering / appeal writing ) for a case £30.28

Also you cannot generate a cost, where there has been no loss in the first place. And given that the Landowner provides concession to drivers displaying a blue badge, there is no initial loss.

Forth Breach – The BPA AOS COP places high importance on Entrance Signs:

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.

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.

Fifth breach – On the parking signs T&C’s, it does not state how much the Parking/Penalty Charge Notice is for breaching the T&C’s. Please see attached signs.

The signs must be clear and display all T&C’s and the Parking Company cannot introduce additional T&C’s at later stage.

bod1467

Fourth Breach (not Forth).

Umkomaas

bod1467 wrote: »

Fourth Breach (not Forth).

That could be a Bridge Too Far.

Fergie76

bod1467 wrote: »

Fourth Breach (not Forth).

Cheers. :rotfl:

Fergie76

I've just sent an email to the local paper to see if they would be interested in running the story.

Fergie76

Just hastened the DVLA for a reply:

I sent the email below to you on the 22 Dec 14 and have yet to receive a reply. In your email to me dated 16 Dec 14, you told me that DVLA allow up to 10 working days, this time frame expired at the end of last week. Can you please tell me when you will be able to provide and a full and comprehensive reply to the issues raised from the DVLA and not one supplied to you from the BPA? My complaint is about the DVLA breaching the Data Protection Act, not the BPA.

If you are unable to provide me with a response then please provide with details on how to escalate this complaint in accordance with the DVLA’s complaints procedure.

Thank you.

Regards,

Fergie76

Still no reply from DVLA Complaints Department, so no messing about, just escalated it to the CEO.

No reply from the local paper either. You would think they would be interested in their readers getting ripped off at the local hospital, might email the Daily Mail as they seem to be hot on the topic at the moment.


Any other suggestions welcome.

Ralph-y

No suggestions .... sorry ..... but I have just escalated my DVLA complaint to the CEO as well !

So perhaps there is a que ;-)

Ralph:cool: