Hospital Complaint For Breach Of Equality Act 2010

Fergie76

Reply from DVLA CEO:

Thank you for your email of 13th January, sent at 22.23pm to DVLA’s Chief Executive. I have been asked to respond in line with Agency procedures. I can confirm that since this email was sent Mr Dodge has replied to the email of 22nd December and your follow up letter of 12th January 2015.

I can also confirm that the response sent by Mr Dodge dated 18th December was written by him and not the British Parking Association.

I have had sight of the Landowner Agreements between the Hospital Trusts and Apcoa and I am content that there were landowner agreements in place for Apcoa to manage these sites. I have also had confirmation from BPA that they are satisfied that Apcoa had landowner agreements in place to operate on this site.

I hope this fully explains the Agencies position in this matter.

Redx

so if we assume you manage to prove the above isnt true, you can sock it to him that his decision on this is incorrect and that the documents he saw and the BPA saw are not worth the paper they are written on

just because it may say apcoa, doesnt mean its the correct apcoa

there are people out there with a v5c from the "dvla" , yet that doesnt mean the "dvla" issued them, they are forgeries or stolen papers , so you cannot always know the truth based on what had been "seen"

ManxRed

'Apcoa' is insufficient in his explanation. Given that the contract explicitly excludes affiliates, he needs to name the specific Apcoa entity.

bazster

bod1467 wrote: »

Q: Can you bring the claim on behalf of your wife?

Can't see how, unless he's her solicitor or has a power of attorney.

bazster

Redx wrote: »

I believe hurt feelings is a standard £500 , but the figures you ask for are up to you I suppose, same as apcoa, ie:- you can always settle for less , lol

£500 isn't the standard, it's the minimum. Claim ain't going to be struck out just because he asks for too much, as you say he can settle for less, or the court can award less.

harveybobbles

This is entertaining..!

Fergie76

Have received a response from the ICO reference the contract and breach of DPA:

Thank you for your email received earlier today. I have coincidentally also received some advice from my colleague today.

The lawyers advise that if the only concern is the name of the company issuing the PCN, then as long as DVLA and the Trust are satisfied that the organisation issuing the tickets is entitled to do so, then we would accept that and wouldn’t investigate further. We would therefore make an assessment of 'compliance likely' with regard to the DPA. If you have another concern about the contract, we may consider reviewing it but you would need to be specific about your concerns.

The issue is whether APCOA Parking (UK) Ltd is entitled to issue the PCNs on behalf of the NHS Trust. According to the correspondence, both DVLA and the Trust are happy with that aspect, so unfortunately we wouldn’t look at the contract any further.

I have also received a response to my email on 23 January to the Trust. As I think I mentioned on the phone, it would be highly likely that they would say they had provided you with all the information it held, and indeed that is what it did. To evidence that the Trust had 'empowered' ACPOA, it provided me with copies of the certificates of name change.

There are now two options available to you, I can investigate further how the Trust established no further information was held or the case can be closed without any further investigation or action being taken.

I would be grateful if you could advise me of your preferred option and also if you have any specific further concerns with regard to the contract itself.

What are peoples thought/recommendations on the next step?

ManxRed

Bloody hell.

They have no contract to operate on that land. It's very very simple indeed. There is a contract, but Apcoa Parking are not a party to it.

A whitewash. No idea what to suggest now.

bazster

It's MP time again. DVLA and ICO both need to be reported to the Parliamentary Ombudsman, which your MP needs to do.

Fergie76

ManxRed wrote: »

Bloody hell.

They have no contract to operate on that land. It's very very simple indeed. There is a contract, but Apcoa Parking are not a party to it.

A whitewash. No idea what to suggest now.

To me, it's like being unhappy with a product from Tesco's, but complaining to Asda. Ok, maybe a bit simplistic...