Hospital Complaint For Breach Of Equality Act 2010

nicechap

Fergie76 wrote: »

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

Point 6. Freedom of Information Requests

“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?”

• 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

So have the trust finally admitted they do not have a contract with the company issuing tickets and accssing DVLA data?

I am so impressed with your tenacity and determination.

bazster

Geez, what a mess they are getting themselves into. These totally contradictory statements need to be brought to the attention of DVLA and ICO:

"All documents relating to the contract with APCOA Facilities Management (Harrow) Ltd have been provided and no contract exists with APCOA Parking (UK) Ltd"

"it is appropriate that the Trust empowers APCOA Parking (UK) Ltd to request keeper information on the Trust’s behalf."

Really? How could you possibly do that when there's no contractual relationship? And if APCOA is requesting keeper information on the Trust's behalf (i.e. as the Trust's agent) how come APCOA issues and pursues charges in its own name, not as the Trust's agent?

This latest evidence of wrongdoing needs to be brought to the attention of DVLA and ICO forthwith, along with the admission that the contract of 1st January 2014 is a fiction. The only extant evidence of authority for APCOA Parking (UK) Ltd to operate on the site is the letter dated 7th July 2014, which is contingent upon a non-existent contract. And I don't recall seeing any answer to the historical issue: APCOA has been infesting the site since 1998, so where's the authority to operate prior to 2014?

Fergie76

The question I think that needs answering is:

How do you legally empower a third party to enforce a policy that that is not laid down any contract?

Fergie76

bazster wrote: »

Geez, what a mess they are getting themselves into. These totally contradictory statements need to be brought to the attention of DVLA and ICO:

"All documents relating to the contract with APCOA Facilities Management (Harrow) Ltd have been provided and no contract exists with APCOA Parking (UK) Ltd"

"it is appropriate that the Trust empowers APCOA Parking (UK) Ltd to request keeper information on the Trust’s behalf."

Really? How could you possibly do that when there's no contractual relationship? And if APCOA is requesting keeper information on the Trust's behalf (i.e. as the Trust's agent) how come APCOA issues and pursues charges in its own name, not as the Trust's agent?

This latest evidence of wrongdoing needs to be brought to the attention of DVLA and ICO forthwith, along with the admission that the contract of 1st January 2014 is a fiction. The only extant evidence of authority for APCOA Parking (UK) Ltd to operate on the site is the letter dated 7th July 2014, which is contingent upon a non-existent contract. And I don't recall seeing any answer to the historical issue: APCOA has been infesting the site since 1998, so where's the authority to operate prior to 2014?

You've nailed it as ever, Baz.

Thanks to everyone who has helped so far, especially Baz and Manx.

I've not sent LBA yet as wife is in hospital, not this one though unfortunately.

I also wonder what doubt crept into APCOA's mind shortly before the POPLA appeal?

ManxRed

Fergie76 wrote: »

The question I think that needs answering is:

How do you legally empower a third party to enforce a policy that that is not laid down any contract?

They have to contract with it.

Simples.

They can put in place a contract with Apcoa Parking, or amend the existing agreement to make Apcoa Parking a party to it. Those are the only two options I can think of.

However they now admit that Apcoa Parking do not have a contract with the trust. Something we all knew all along, but the DVLA and ICO won't recognise?

Have at them. You're doing a sterling job here. That FOI response is dynamite if played properly.

bazster

Doubt? No, it was the racing certainty that they would lose.

Sorry to hear about your wife, hope she recovers soon.

tykesi

I doubt I'm the only one who gets a bit excited when I see this thread has been updated.

I've said it before but I really admire your determination with this. Keep up the good work!

Fergie76

ManxRed wrote: »

They have to contract with it.

Simples.

They can put in place a contract with Apcoa Parking, or amend the existing agreement to make Apcoa Parking a party to it. Those are the only two options I can think of.

However they now admit that Apcoa Parking do not have a contract with the trust. Something we all knew all along, but the DVLA and ICO won't recognise?

Have at them. You're doing a sterling job here. That FOI response is dynamite if played properly.

All advice on the bit in bold welcome. Don't want to miss an open goal.

ManxRed

To be honest:

All documents relating to the contract with APCOA Facilities Management (Harrow) Ltd have been provided and no contract exists with APCOA Parking (UK) Ltd

That sentence alone sinks them. Two different entities. The contract is silent on affiliates (meaning they cannot be a party to the agreement), and states explicitly that transfer of rights to any other party (than Apcoa Facilities Management) is forbidden.

Apcoa Parking (UK) Ltd are requesting RK data for a site where they are not a party to any agreement with the landowner.

In black and white, from the trust themselves.

Fergie76

ManxRed wrote: »

To be honest:



That sentence alone sinks them. Two different entities. The contract is silent on affiliates (meaning they cannot be a party to the agreement), and states explicitly that transfer of rights to any other party (than Apcoa Facilities Management) is forbidden.

Apcoa Parking (UK) Ltd are requesting RK data for a site where they are not a party to any agreement with the landowner.

In black and white, from the trust themselves.

Thanks Manx and I realise that, but how do I get the ICO and DVLA to realise that. They seem to be happy with this empowering thing, despite no evidence of it.