Hospital Complaint For Breach Of Equality Act 2010

DoaM

no check is every done to ensure they comply with ‘reasonable cause’

Fergie76

I'm gonna go with this I think:

[FONT=&quot]Thank you for your reply dated 4 Mar 15. However, it does raise more questions, which I will deal with below and would also like whatever manager that is dealing with my complaint to take these points in to consideration.[/FONT]

[FONT=&quot]In your reply you state: “[/FONT][FONT=&quot]The assessment is that the DVLA is likely to have complied with the DPA on the basis that it considered there was reasonable cause to disclose your details, based on the information it had i.e. the letter from the Trust dated 7 July 2014.[/FONT][FONT=&quot]”[/FONT]

[FONT=&quot]Before you dismiss a complaint, should you not establish that the breach has not occurred, rather than rely on likelihood; just like the DVLA should establish reasonable cause beyond all doubt prior to releasing registered keepers details? [/FONT]

[FONT=&quot]As these private parking companies have electronic access to the DVLA database by virtue of being a member to a club that is run by its members for the benefit of its members, the DVLA do not give consideration to reasonable cause at all. [/FONT]

[FONT=&quot]The letter from the Trust dated 7 Jul 14, is after my parking event, so ignoring the fact, it bears no weight to change the legally binding contract, it is also totally irrelevant and the DVLA cannot rely on it as reasonable cause as they never received a copy of it until after I complained about them releasing the registered keepers details.[/FONT]

[FONT=&quot]I notice on your website, you state: “[/FONT]Anyone requesting information should provide evidence to the DVLA which shows why their request is reasonable. Companies who ask for information must always provide details of their business activities. This deters people from pretending to have a reasonable business cause such as recovering money owed for petrol when in fact they want the keeper’s name and address for another purpose. Companies requesting information to enforce parking fees must also provide evidence to show that a parking charge scheme actually exists and that drivers are made aware that the scheme is in force.[FONT=&quot]”[/FONT]

[FONT=&quot]As stated above, these private parking companies have electronic access to the database, no check is ever done to ensure they comply with ‘reasonable cause’, so how can they ever comply with the paragraph above from your website? The only definitive way to establish if this reasonable cause exists, is for the DVLA to scrutinise each and every contract. While I am aware this no small task, it will stop the parking companies from trying to rip off people like me.[/FONT]

[FONT=&quot]Your website also states: “[/FONT][FONT=&quot]All those who ask for vehicle keeper information are warned that it is an offence under section 55 of the Data Protection Act 1998 to unlawfully obtain information”[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I trust the you will be prosecuting APCOA Parking (UK) Ltd under Section 55 of the Data Protection Act, as they must have known they had no reasonable cause to obtain registered keeper details for this site, so have breached section 55. Ignorance is not a defence. And I trust that you will also be prosecuting APCOA Parking (UK) Ltd for every count where they have obtained registered keepers details at this site since my case.[/FONT]


[FONT=&quot]As I have proved that no contract exists and that the DVLA are illegally releasing registered keepers details, I trust that the ICO have ensured that registered keeper data is no longer being released for this site and that no data will be provided until such a time a that a legally binding contract exists?[/FONT]

gw23

Penultimate paragraph.....

I trust THAT you....

Fergie76

Was due a response from the DVLA on Friday, but never received one, so sent a snotagram and received two responses today:

First:

Please accept my apologies for the delay in responding to your latest email. As I felt I had gone as far as I could with this, not being professionally qualified in contract law I passed this to my Manager to look into. He then wrote to DVLA’s Commercial Services Group for a professional opinion. I will ask him whether a response has been received and request that he write to you as a matter of urgency.

Second:

I would like to echo my colleagues apologies in relation to your case.

While looking into your case we have found that there may be some further documentation (“interim agreements”) related to these sites. We have requested copies from APCOA Parking (UK) Ltd, and from the NHS Trust.

As soon as we receive these we will work with DVLA’s Commercial Services Group, who are the specialist area in DVLA in relation to contracts, to consider everything fully.

Apologies again for the delay. We will keep you up to date with any developments.

Now do I await on these mysterious new 'interim agreements' or do I point out, yet again that the hospital have said that the contract is the correct and sole document in relation to parking at the hospital?

Also, if even if they these documents do exist, apart from the hospital having some more questions to answer, they have just admitted that they released my wife's details without reasonable cause, as they were not even aware of these documents at the time the data was released.

What a quandary... lol

DoaM

Dear DVLA,
The NHS Trust have already categorically stated that the contract information they have provided me is the correct and sole document in relation to parking at the hospital. There cannot be any "interim agreements" else the Trust would have provided them to me under FOI.

If it is APCOA that are alleging these agreements exist then this must be taken with a bucket of salt - their previous allegations have already been shown to be factually incorrect.

Umkomaas

Some noticeable squirming going on in Swansea Fergie. Well done for your utter determination and resilience.

Personally speaking, I'd keep a few cards up my sleeve to play later in the game, but I can also see the attractiveness in heading them off before they can cobble together some more weasel words!

You're doing just fine though - whichever direction you decide to pursue this. I'm certain you'll ultimately get this sorted to your satisfaction - and to their detriment!

Ralph-y

I would be tempted to contact the hospital and tell them that others are claiming new documents .........

You would like to hear from them asap on this a matter because of your case with the IOC regarding their lack of compliance with FOI in the past.....

perhaps the hospital may like to write to the DVLA and others to protect there backs :rotfl:

Ralph:cool:

DoaM

What has the International Olympic Committee got to do with this?

Ralph-y

:T:rotfl:
Ralph:cool:

Half_way

DoaM wrote: »

What has the International Olympic Committee got to do with this?

Not sure what the IOC has to do with it, but this is one marathon thread worth watching, and theres quite a few cheering on Fergie76