Hospital Complaint For Breach Of Equality Act 2010

Half_way

Ive got a horrible feeling that you could hit a brick wall of silence over this, with
those who should be doing something hoping that you will just get fed up/bored, go away and stop troubling them

Fergie76

That's the feeling I'm getting, but I'm not gonna give up easily.

I'm going to have another meeting with my MP and as Baz has suggested I'm going to complain to the Parliamentary and Health Ombudsman, although I think I can do it myself, rather than through my MP, just need a Final Response letter.

I still have the LBA to throw at them and I'm going to contact the Daily Mail this afternoon, to see if they are interested. After that I will be all out of ideas.

Fergie76

Update:

Everything has slowed right down and it is frustrating. So where am I at now?

Well I am expecting a reply from the DVLA tomorrow on the issue of no contract as the hospital has confirmed in their last letter. I have also just sent them this one in reply to:

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

In addition to my other email, which I am expecting a reply for tomorrow, I would like to query something else that has just occurred to me, so apologies that it has taken me this long.

In your reply below, you stated that a previous reply I have received from Brian Dodge was written by him. However I don’t believe this to be the case, as he stated to me:

This has been passed to the British Parking Association(BPA) to investigate. The BPA will be asked to provide a response and details of any actions they may pursue to the DVLA on completion of their investigation. If it is identified that data has been obtained in breach of the Data Protection Act 1998 or Regulation 27 of the Road Vehicle (Registration and Licensing) Regulations, APCOA may lose their access to DVLA data.

Unfortunately, the DVLA cannot regulate the practices of private car parking companies. The Agency accredits trade associations to ensure that those who request information are legitimate companies that operate within an enforceable Code of Practice. Accredited Trade Associations (ATAs) have responsibility for ensuring compliance with their code of practice so when we receive an enquiry or complaint relating to the practices of a private parking company, we pass it to the relevant ATA to investigate and inform us of the outcome.

When I write to the DVLA to make a complaint, I would expect the DVLA to instigate their own investigation and not farm it out to a Trade Members Association, who’s only interest is their members. Can you please tell me why the DVLA do not carry out their own investigations?

Also, in light of the above statement from Brian Dodge, this email I have I have received from the BPA, makes that above statement even more alarming:

I have again chased APCOA, on a much firmer footing, for an answer to my enquiries also stating that are taking much longer to reply than expected.

As you know we are a membership organisation and not a regulatory authority and there is a potential breach of our code of practice here which needs to be resolved.

The trouble we sometimes have, if I’m honest, in not being regulatory is that we do not always get the urgent responses some complaints desire which can be/ is frustrating.

I expect to get a reply in the next few days or I will progress this further with them and I do agree with you about it taking too long.

Be assured we are taking this seriously as a trade association and I will be in touch as soon as I have some progress.

So we have Brian Dodge saying that you can’t regulate Private Parking Firms and the BPA saying the same as they are not a regulatory body. So how exactly does the DVLA ensure compliance the KADOE contract?

I suggest its DVLA’s responsibility to ensure compliance not the BPA’s, as you are the Data Owners and it is you that breaches the Data Protection Act, by giving these companies unrestricted access to the DVLA data.

Please don’t let this email hold up my other response due tomorrow, however I am very interested in your views on this.

I have contacted the Daily Mail, received a read receipt, but no response. I have also contacted SWNS and they have responded today and I have sent them some additional details and waiting to here back.

I know after last letter from Hospital from I said I would go down LBA route, however due to wife's continues ill health, I have sent them one last letter, which they will never agree to, so once I receive reply to this, LBA will definitely be sent:

[FONT=&quot]I write in reply to your letter dated 29 Jan 15 and must express my extreme disappointment that yet again that you have failed to respond to a FOI request within the specified timescale. You cannot keep just ignoring the law like this. Can you please tell me what steps you are taking to ensure that you have robust procedure in place to deal with FOI requests within the specified timescales?[/FONT]

[FONT=&quot]Your letter of 29 Jan 15, has a number of discrepancies in that it is called a Response to my FOI Requests, however it doesn’t actually address my FOI request in my letter dated 22 Dec 14, namely:[/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]Also, it has failed to deal with a number of other issues. The issues I still consider unresolved:[/FONT]

[FONT=&quot]1. The breach of the Equality Act 2010 by your Trust and lack of reasonable adjustment required by the Equality Act 2010.[/FONT]

[FONT=&quot]2. No all Terms and Conditions are displayed on your signs, namely nowhere does it state how much the parking charge is. [/FONT]

[FONT=&quot]3. As you have already stated APCOA Parking (UK) Ltd have no contract to operate on your land and the document that they allege gives them that authority does not exist.[/FONT]

[FONT=&quot]3. Even if there were a legally binding contract in place, it does not allow for the collection of parking charges. You then said you are relying on paragraph 5.3 of the Trust’s out of date Parking Policy. However, I feel you have been somewhat economical with the truth, as you reply says:[/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]However, what paragraph 5.3 actually states is:[/FONT]

[FONT=&quot]Contraventions to parking procedures and regulations will result in the application of the Enforcement Policy detailed within each site specific contract.[/FONT]

[FONT=&quot]And as we have already agreed on, the contract does not allow for the collection of parking charges.[/FONT]

[FONT=&quot]4. I asked for the Trusts Genuine Pre-Estimate of Cost (GPEOL) and not APCOA’s. I am well aware that APCOA’s claimed GPEOL is a work of fiction and not allowable by law and is routinely defeated at POPLA and the Small Claim’s Court.[/FONT]

[FONT=&quot]5. Your Parking Policy is out of date and does not conform to Department of Health’s Guidance that was issued in August 2014. Although this is only guidance, the Department of Health expects all Trust’s to follow it unless they have good reason not to. What are your reasons for not following this guidance?[/FONT]

[FONT=&quot]6. Breaches of the BPA AOS Code of Practice by APCOA.[/FONT]

[FONT=&quot]What I require from the Trust to satisfy my complaint is:[/FONT]

[FONT=&quot]1. To have on common policy for disabled patients and visitors regardless of whether they park in a disabled bay or not, as not to breach the Equality Act.[/FONT]

[FONT=&quot]2. Stop APCOA Parking (UK) Ltd illegally operating on your land.[/FONT]

[FONT=&quot]3. To stop issuing illegal parking charges at Northwick Park and St Marks Hospital immediately and to refund all illegally collected parking charges since they were introduced.[/FONT]

[FONT=&quot]4. Supply me a full breakdown of the Trust’s GPEOL.[/FONT]

[FONT=&quot]5. Immediately review your Parking Policy to comply with the Department of Health’s guidance that was issued last August.[/FONT]

[FONT=&quot]6. Urgently, review your policy on dealing with complaints and FOI requests.[/FONT]

[FONT=&quot]7. Implement procedures to endure that any parking contractors you employ in the future, abide by their own Trade Associations Code of Practice.[/FONT]

[FONT=&quot]8. Under the FOI Act supply me with full unredacted copies of all correspondence in whatever format you hold it, where parking policy discussed and all correspondence between yourself and all incarnations of APCOA. [/FONT]

I am also still pursuing the ICO. I spoke with them on Monday and she said she had received something from their legal experts, but hadn't read it yet, so I am expecting something soon.

Redx

looks a good letter, a few typos and possibly missing words or characters so please proof read it (dont like to nitpick as its an excellent letter)

hope mrs fergie improves soon

keep up the good work, I always read this thread with great interest and hope , only to see red tape and mismanagement by all the people you write to get in the way of a great crusade

Fergie76

Proof reading was never my strong point. :rotfl:

Fergie76

Redx wrote: »

looks a good letter, a few typos and possibly missing words or characters so please proof read it (dont like to nitpick as its an excellent letter)

hope mrs fergie improves soon

keep up the good work, I always read this thread with great interest and hope , only to see red tape and mismanagement by all the people you write to get in the way of a great crusade

Thanks for the kind thoughts for my wife.

I forgot to mention, I still have my MP on side and I'm meeting him again next Friday 27 February.

It really is frustrating and they all take as long as possible to respond, even missing deadlines, ie, I was due the DVLA response yesterday and they now say I should have it tomorrow and we all know about how poor the hospital has been.

I am a royal pain in the@rse to them and I am not prepared to let it lie as long as their is a glimmer of hope.

nicechap

https://forums.moneysavingexpert.com/discussion/5151489

Just noticed that in post#32 of this thread, JAS have replied that they are audited annually by BPA - would this be another line of arguement to pursue with both BPA (did they audit APOCA Harrow?) and DVLA (did BPA fulfill their obligation to audit APOCA Harrow versus APOCA UK?) Just a thought.

ampersand

Fergie76 wrote: »

Thanks for the kind thoughts for my wife.

...........

I am a royal pain in the@rse to them..........

#
....than which there is no finer pedigree Fergie:-)
#
re: ' After that I will be all out of ideas. ' why not upscale? Head for beloved campaigning Grauniad -
cc.
[EMAIL="society@theguardian.com"]society@theguardian.com[/EMAIL]
and
[EMAIL="law.editors@theguardian.com"]law.editors@theguardian.com[/EMAIL]
and
[EMAIL="consumer.champions@theguardian.com"]consumer.champions@theguardian.com[/EMAIL]
and
[EMAIL="national@theguardian.com"]national@theguardian.com[/EMAIL]
and
[EMAIL="reader@theguardian.com"]reader@theguardian.com[/EMAIL]
and
polly.toynbee@theguardian.com
and
giles.fraser@theguardian.com

Blitz them.

Phone the switchboard first: 020 3353 2000
#
'Bonjour. I'm sending an important letter in to 7 members of your editorial staff with the involvement of my MP{Name}. He/She and I next meet on [date]. Some acknowledgment will be necessary by then and I am open to every piece of help and advice you and they can offer.'

Add something similar as a suitably tweaked footnote in bold to that excellent letter. I will happily proof-read it if you wish.

Fergie76

Thanks ampersand. I have contacted SWNS and they claim they have contacts with most/all papers and magazines. I had a reply from them today, so will see how that progresses.

However, it's always good to have other options. I'm away with work at the moment, so will look at the links at the weekend, if I don't hear anything from SWNS.

waamo

Fergie first of all best wishes for your (much) better half.

Please do not let them grind you down. Your fortitude has been magnificent. I have a feeling things will be fudged as much as possible so the cosy little arrangement between all parties can continue. Good luck and carry on.