Hospital Complaint For Breach Of Equality Act 2010

Fergie76

Also, the other thing I don't get is, why haven't the Hospital kept copies of the letters that APCOA have sent to the DVLA?

And if the Trust have sent the ICO copies of the name change document surely even they could see, that it is to a company of a different name.

I smell BS...

Fergie76

Just sent this in reply to the ICO:

Thank you for your reply, however I must respectfully disagree with the ICO’s assessment of the situation.

It is not simply a matter of the name of the company issuing the PCN, it’s about whether that company has lawful right to obtain the registered keepers details, iaw the DPA. Nothing I have seen yet from the Trust, DVLA or the BPA convinces me that they do and you as the ICO should be looking to uphold the DPA. The company issuing the tickets is a complete and total separate company with which the Trust has a contract with, to put it in simpler terms, Tesco have the contract with the Trust, but ASDA are issuing the tickets, accessing the DVLA database and trying to obtain money they are not entitled to. You would not allow this situation, but this is the one we find ourselves in. Don’t let the similar names of the companies confuse the matters.

Can you please explain to me how a legally binding contract between two companies is no longer valid, despite the Trust telling me it is the ‘The contract provided is therefore the correct and sole documentation related to the current operation’? If they want to empower this new company, why don’t the issue a new contract with the correct name?

As I have said to you before, I don’t believe the hospital when they say they have supplied me with all documents relating to the contract. They have never supplied me with the two documents that APCOA Parking (UK) Ltd, supplied to the DVLA (see attached), the letter dated 7 Jul 14 references an agreement dated 1 Jan 14, why does the hospital not hold a copy of this agreement?

You also say that the Trust have supplied you with the name change documents, I have also received a copy this document and rather than back up the hospitals assertions that ‘To evidence that the Trust had 'empowered' ACPOA, it provided me with copies of the certificates of name change’, it totally blows it out the water, assuming that we have received the same name change document (see attached). As you can see the name change, changes the name of the company to APCOA FMG (Harrow) Ltd (Tesco), not APCOA Parking (UK) Ltd (ASDA) who are the ones carrying out the parking contract.

I am not satisfied with the decision that the ICO has come. What I would like to happen now is:

1. For the case not to be closed, but to escalate this complaint to the next level within the ICO.
2. Establish why the Trust does not hold copies of the two attached letters or the agreement dated 1 Jan 14.
3. For you to re-examine the ‘evidence’ of name change.

ManxRed

I'd have put it slightly simpler.

Apcoa Parking (UK) Ltd, who are accessing RK details from the DVLA database are not a party to ANY agreement with the NHS Trust.

Those are the simple facts of this matter.

Fergie76

Also sent an email to MP as have not heard from him since beginning of January and received this reply:

[FONT=&quot]Yes and we have written to sec of state and we are awaiting a reply[/FONT]

Fergie76

Just had a reply from the Trust reference my latest FOI:

[FONT=&quot]I have looked into your comments related to the provision of information under the Freedom of Information Act 2000.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]After consideration of your further points and with the answers to these questions listed below, I believe that the Trust has now provided you with the information which we hold on this subject.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Point 6. Freedom of Information Requests[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]“I have received a copy of two letters from the DVLA that APCOA have supplied to them dated 26 Apr 11 and 7 Jul 14. The letter dated 7 Jul 14, references and agreement dated 1 Jan 14, which is valid for 3 years from 1 Jan 14 to 31 Dec 17 (you will notice that this is in fact 4 years not 3). This appears to be an amendment to the contract and you have not supplied a copy of it or any other letters. Therefore as I requested in FOI 309-14, can you supply fully unredacted copies of all documents relating to the contract and amendments to the contract with APCOA FACILITIES MANAGEMENT (HARROW) LIMITED, company number: 03481526 and APCOA Parking (UK) Limited, company number: 02572947?”[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]• The “agreement” referred to in the letter dated 7th July 2014 does not exist; this is an error on the part of the Trust and all parties will be informed accordingly. All documents relating to the contract with APCOA Facilities Management (Harrow) Ltd have been provided and no contract exists with APCOA Parking (UK) Ltd[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]8. POPLA Outcome[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]“You state that the outcome of my POPLA appeal does not affect your view on the validity of parking charges? This is very concerning. It has been deemed by an Independent Assessor that the charges were not justified and yet you still back them?” [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]• The Trust’s policy is that “free parking” for Blue Badge Permit holders is limited to designated bays only. Therefore a repetition of the incident whereby a vehicle was parked in a non-designated (standard) bay without displaying evidence of the tariff being paid would be issued with a Parking Charge Notice. It is in this context that the Trust view on validity stands. In your particular circumstance a level of doubt was created within the APCOA appeals team that led them to cancel the PCN in advance of the POPLA appeal being heard. The POPLA assessor did not therefore make any judgement on the specific issues raised in your appeal related to the reasons for which the PCN was issued (see POPLA letter attached).[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]“In addition I wish to advise that your contractor APCOA has still not sent me any confirmation that they have cancelled the charge. I would be grateful if you would confirm in writing if it is cancelled or not?”[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]• The POPLA letter confirmed that the PCN had been cancelled by APCOA in advance of the appeal. For the avoidance of any doubt, please take this response as further formal confirmation that Parking Charge Note Ref: XXXXXXX has been cancelled.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]9. Email [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]1. “You say the contract does not cover charges for breach of contract and to see response 3. I think response 3 refers to the document entitle ParkingPolicy-April2010v3, it’s not too clear. I have looked at this document and still fail to see where it says APCOA can apply charges; again can you please point me in the direction of the relevant paragraph.” [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]• Paragraph 5.3 of the Trust’s Car Parking policy sets out that contravention of the parking procedures will lead to enforcement.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]“All I can see is a table at Annex 1 which states current tariffs. This relates to penalty charges, which we know you cannot apply. It also states that these penalties are only £15. Nowhere does it explicitly say that APCOA can charge penalty charges.”[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]• The Trust accepts that the Car Parking Policy is out-of-date and includes incorrect terminology. The policy is under-review and an updated version will be issued in due course. This version will be aligned to the Contract documentation, updated as necessary to meet current legislation requirements.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]3. “You say that it is entirely appropriate for you to empower the parent company to deliver the Trusts Parking policy. If you have empowered APCOA Parking (UK) Ltd, this must have been done by executing a contract amendment which makes APCOA parent company a party to the agreement or by inserting a clause which makes affiliates inclusive. What evidence do you have they are the parent company? Why was this not supplied as part of the FOI for the contract?”[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]• APCOA Parking (UK) Ltd is not necessarily the Parent Company of APCOA Facilities Management (Harrow) Ltd who is the contracting party; the Trust is not aware of the specific relationship other than that both are APCOA Group companies. The Trust is satisfied that as the group company undertaking the administrative function including PCN management, DVLA liaison etc. across the group, it is appropriate that the Trust empowers APCOA Parking (UK) Ltd to request keeper information on the Trust’s behalf[/FONT][FONT=&quot].[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]4. Genuine Pre-estimate of Loss (GPEOL) [/FONT]
[FONT=&quot]“Can you confirm that this is your GPEOL and has not been supplied by APCOA”[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]• When your request was made the Trust team reviewed its historic record and could not find any information pertaining to the Parking Notice assessment of cost; the management team has changed in recent years and it is not known if this information existed or has been lost. The information was therefore reasonably sought from APCOA as they are the party best placed in assessing the cost and/or loss. The Trust reviewed the information provided by APCOA and was happy to support the same as being fair and reasonable justification of the Parking Charge Notice fee.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]“What due diligence has the Trust conducted on this GPEOL? Can you please supply under the FOI Act full unredacted copies of all correspondence between the Trust, APCOA and the Trust’s Solicitor’s where the GPEOL has been discussed?”[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]“Loss of P&D revenue – why £12.20? One hours parking is only £2.40 and a full days parking is £12.00. I would suggest it would be unfair to assume someone will stay all day and the T&C’s do not state that all under paid parking will be charged at the full day’s rate, so you cannot do this after the event. What if the person has paid for a P&D, but is delayed by circumstances out with their control, for example clinic over running? Your loss is not £12.20.”[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]• While the estimate has used the full day charge as the worse-case scenario, the full aggregation of the costs and losses assessment has been rounded down from £110.29 to £60.00. It is accepted that the costs and losses estimated will not apply in every case, so the Trust has applied a reasonable limit in setting the Parking Charge Notice fee. The Trust has also reviewed recent case law for assurance that the charges applied are supported by the same and therefore fair and proportionate[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Appeals Staff 1 hour – If someone pays up between 14 and 28 days, without appealing, why are they being charged for an appeal they have never made? Also this is a normal business cost.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]• As noted in the prior response these specific potential estimated costs have been accepted as not occurring in every case. This is reflected within the rounding down from the aggregated pre-estimate of costs and/or losses to the fair and proportionate Parking Charge Notice fee that is applied.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I trust that the above information answers your questions and we now consider all the above referenced Freedom of Information Requests to be completed.[/FONT]

Fergie76

So I have just looked at the Parking Policy document para 5.3:

5.3 Contraventions to parking procedures and regulations will result in the application of the Enforcement Policy detailed within each site specific contract.

The contract does not detail parking enforcement, as it all relates to clamping...

trisontana

"[FONT=&quot]The information was therefore reasonably sought from APCOA as they are the party best placed in assessing the cost and/or loss"

[FONT=&quot]Oh no [FONT=&quot]they're[/FONT] not ! They are going to load that fi[FONT=&quot]g[FONT=&quot]ure [/FONT] to high heaven. [/FONT][/FONT][/FONT]

ampersand

Just want to renew Congratulations for pursuing this, fergie:-)

This stood out for me:
'[FONT=&quot]The Trust is satisfied that as the group company undertaking the administrative function including PCN management, DVLA liaison etc. across the group, [/FONT][FONT=&quot]it is appropriate [/FONT][FONT=&quot]that the Trust empowers APCOA Parking (UK) Ltd to request keeper information on the Trust’s behalf[/FONT][FONT=&quot].'[/FONT]

I don't like that flimsy, buck-passing, excuse-making, incomprehension of what 'legality' requires at all.

='do whatever it takes to do whatever you have to do...so long as we don't have to get too involved.'
#
You have them on the run.
'[FONT=&quot]• The Trust accepts that the Car Parking Policy is out-of-date and includes incorrect terminology. The policy is under-review and an updated version will be issued in due course. This version will be aligned to the Contract documentation, updated as necessary to meet current legislation requirements.'
[FONT=&quot]
and[/FONT][/FONT]
[FONT=&quot][FONT=&quot][FONT=&quot] ...the management team has changed in recent years and it is not known if this information existed or has been lost.
:rotfl:

[FONT=&quot]Keep going. You are doing [FONT=&quot]very [/FONT]well.
[FONT=&quot]#
[FONT=&quot][FONT=&quot]Pl[FONT=&quot]us[/FONT][/FONT] side-show:
[/FONT][/FONT][/FONT][/FONT][/FONT][/FONT][FONT=&quot][FONT=&quot]...[/FONT]has been rounded down from £110.29 to £60.00. - so, [FONT=&quot]which elements of [FONT=&quot]'loss' are being reduced[FONT=&quot]? 'Justification' for each?[/FONT][/FONT][/FONT][/FONT] Not business efficiencies, surely?:-)

Fergie76

Despite quoting it in their response, they have failed to acknowledge or address the FOI:

[FONT=&quot]“What due diligence has the Trust conducted on this GPEOL? Can you please supply under the FOI Act full unredacted copies of all correspondence between the Trust, APCOA and the Trust’s Solicitor’s where the GPEOL has been discussed?”[/FONT]

ampersand

Fergie76 wrote: »

So I have just looked at the Parking Policy document para 5.3:



The contract does not detail parking enforcement, as it all relates to clamping...

#
Even better:D:rotfl: