Hospital Complaint For Breach Of Equality Act 2010

ManxRed

The agreement with the Hospital does not allow assignment or subletting, but does not preclude it from using the services of a sister company in connection with the enforcement of Parking Charge Notices.

It doesn't say that anywhere in the agreement I read. Ask for the clause number which states that. There needs to be a reference to affiliates being party to the agreement, and there is none. Without that, any affiliate - wholly owned subsidiary or otherwise - cannot become a party to the agreement.

They've cocked up, and it looks like they know it, but lying like that statement above does them no favours.

Castle

Fergie
One thing I noticed was in reply to your FOI request, (at post 225), they provided a breakdown of payments/receipts from Apcoa. I would suggest you write to request a split of these amounts between each of the different companies. (As always "follow the money").

ManxRed

The contract needs to reference affiliates in some way:

For example:

Apcoa Facilities Management Ltd may transfer its rights and obligations under this Contract, or any part of it, to any of its affiliates or by way of security to any other party.

Or

The Supplier (which for the purposes of this clause shall include all of the Supplier’s employees, agents, representatives, affiliates and any person who performs services on behalf of the Supplier)...

Where affiliates might or might not be defined as a party which has a controlling interest (greater than 50%) in the other party or whose parent company has a controlling interest in the party.

The agreement I saw between APCOA Facilities Management and the Trust doesn't state any of these things, and without such reference, an affiliate cannot be a party to the agreement.

Fergie76

Why I can't believe is how inept the Hospital administration is. The contract they have sent me, the one you have seen Manx, is dated 10 Feb 98, yet in their letter to APCOA, they say it is dated Nov 99. So have they sent me all of the contract as requested by FOI?

How can the ICO possibly say that the above letter gives APCOA Parking (UK) Ltd authority?

And how the BPA can possibly say, yes the breached our COP, however as they have amended it, no further action.

DoaM

Fergie76 wrote: »

And how the BPA can possibly say, yes the breached our COP, however as they have amended it, no further action.

Oh, that's easy. The BPA CoP is (in best pirate voice) "more of a guideline than an actual code".

ManxRed

Fergie76 wrote: »

How can the ICO possibly say that the above letter gives APCOA Parking (UK) Ltd authority?

Because they're taking the letter at face value, when it is factually incorrect. They need to look at the contract with a contract lawyer standing next to them telling them what it actually means.

Fergie76

ManxRed wrote: »

Because they're taking the letter at face value, when it is factually incorrect. They need to look at the contract with a contract lawyer standing next to them telling them what it actually means.

Even taking the letter at face value, it doesn't mention anything about empowering APCOA Parking (UK) Ltd. To me it reads quite clear that the contract is with APCOA Facilities Management (Harrow) Ltd.

And what about the error in the letter too with regard to the date of the contract?

I can't extract the letter that APCOA have the BPA as it is a scanned copy, saved as a PDF. However, the last two paragraphs deal with the ticketing of a blue badge car and the lack of how much the parking charge is on their signs.

trisontana

catoninetails wrote: »

Give it a rest Fergie76 you are not going to get anywhere. Anyone would think you didn't have anything better to do. What are you trying to prove.

Well, well, well. A new poster who has just created an account so that they can insult the OP. Could this be a PPC troll?

DoaM

catoninetails wrote: »

Na just seeing it real.

So you don't think he should support his disabled wife, to clear her name and get such spurious charges withdrawn permanently?

Morhana

Wow I have been a long time lurker on MSE for years and resisted posting, however I have just spent the last 2 hours reading this whole thread from start to finish and I am absolutely incensed by 2 posts that I have come out of hiding to post.


I will address the 2 separate posters in 2 posts so they are clear and do not get confused, as they both address 2 separate issues.


1st Post is number 509

catoninetails wrote: »

Give it a rest Fergie76 you are not going to get anywhere. Anyone would think you didn't have anything better to do. What are you trying to prove.

Who are you to tell anyone to stop what they are doing when what they are doing is neither illegal or immoral, its called freedom of speech and the right to exercise their defence and complain to an action they feel is unfair.


They may win this battle or they may not but its people like them who will pursue an action to the end that might just get things changed, it may not but if they don't try it definitely would not get changed so they are to be applauded for at least trying.


If more people stood up to the big guys maybe this country would not be in the mess its in, and I and many others in this thread appreciate the actions of Fergie and want to see this to the end, and hold out the hope something might change no matter how small it is, after all Rome was not built in a day.


If we took your stance nothing would ever change, we may as well all lie down and just let the big boys keep us there.


At the end of the day its Fergie who needs to decide when enough is enough as its his time and effort to use as he sees fit, even if people like you think its a waste of time, the fact he is still going and also you can see by the amounts of posters and advice people are giving, that they do not agree its a waste of time.


So if you cant contribute something constructive go find something else to do or your looking like you have nothing better to do either, so you have no grounds to call others for the very thing your guilty of.


Rant over on this poster.


Rant 2 coming soon to the other poster.