Hospital Complaint For Breach Of Equality Act 2010

Herzlos

You would think that being a hospital they'd have a much higher ratio of disabled spaces.

Fergie76

Had a reply back from the DVLA today. For those that can't be @rsed reading it, the long and short of it is; As there is no definition of reasonable cause, we will make up the rules as we go along to suit our own needs...

Apologies for the delay in responding to you.

The case has been reviewed by DVLA’s Commercial Services Group, who have confirmed:

· DVLA’s Contract with APCOA stipulates that where they are acting as an agent of the landowner an arrangement needs to be in place between the landowner and their agent. DVLA have not been prescriptive in stating it is a requirement for the arrangement to be reflected in a formal contract between the landowner and the agent.

· The letters from the trusts detailing the formal authorisation for APCOA Parking (UK) Limited to undertake parking control and enforcement work on their behalf are suffice, together with the relevant reasonable cause, to support the lawful release of data under regulation 27 of the Road Vehicles (Registration and Licensing) Regulations 2002.

· The contracts (and any subsequent contractual documentation, including formal letters) between APCOA Parking (UK) Limited and the relevant NHS Trusts are outside of DVLA’s remit and it would not be appropriate to comment. Any queries or concerns regarding those contracts should be addressed with the relevant parties to the contracts.


Turning to your note to Liz Symons on 20 February I can confirm that the statement from Brian Dodge to say that DVLA cannot regulate the parking industry is correct. Regulation of the private parking industry is not within DVLA’s remit.

However, as Liz Symons states, it is also true to say that DVLA will investigate complaints and where there has been an alleged breach of the ATA code of practice, we will liaise with the ATA accordingly who will conduct their own investigations and act in line with their sanction points scheme. If the investigations find that there has been a breach of the terms & conditions related to questing vehicle keeper data, DVLA reserves the right to suspend the company.

Your Freedom of Information Request on 20 February to obtain correspondence related to your case and audit findings is in the process of being handled in line with the FOI Act and you will receive a response tomorrow, in line with the 20 day timeframe.

I am due to go away with work soon and will not be back until later in the year and am really struggling to see where to go now, although I am definitely not giving up.

I will obviously get my MP to raise a complaint with the Ombudsman, as I have requested he does about the ICO too.

I have asked that he raises the point of 'reasonable cuase' and get a legal definition of what exactly that is.

I am (my wife) still going to issue the LBA to the Trust and then follow that up with a County Court claim for hurt feelings.

The ICO mentions about a private prosecution for breach of DPA in their reply, but I imagine this would not be cheap and a lottery chance of success. Can anyone advise on this?

Also, clutching at straws here...

The DVLA really seem to be relying on the two letters allegedly sent by the hospital dated 26 Apr 11 and 7 Jul 14 (even though the hospital deny the fact). The one dated 7 Jul 14, was after my parking event, so cannot be relied upon for reasonable cause and the letter dated 26 Apr 11, only refers to APCOA Parking. Given the various different names on the go, is this sufficient to distinguish that it does in fact relate to APCOA Parking (UK) Ltd. (obviously ignoring the fact of the contract, as DVLA have).

All other options and opinions welcome, except PPC monkeys. Yes, that means, you Catoninetails!!

Paperbird

Before saying they don't need a contract maybe the DVLA should check what their website says about companies accessing RK data.

When using the V888/3 you must also produce evidence that a penalty charge scheme is in operation. Enforcement companies don’t have to provide contracts but should supply a letter from the landlord (on headed paper) confirming that they’re acting with the approval of the landlord in enforcing parking restrictions. Letters should also include the start and end date of the contract, the locations of sites and if CCTV or manual ticketing is in operation.

That is from an archived file on the .GOV website. the latest I can find on what the parking co has to provide is

Copy of agreement
between the
landowner and the
car parking company.

Fergie76

I have also received a letter from my MP today. He has written to the Hospital and he has enclosed their reply.

Basically their reply was that they will investigate and aim to concluded their investigation by 17 Apr and reply shortly there after.

One sentence in it, I did have a wee chuckle at was 'I am concerned to learn of the issues you describe...'.

They guy that has then signed the letter is a guy that I have had previous correspondence with, so he is well aware of the issues described.

Umkomaas

Turning to your note to Liz Symons on 20 February I can confirm that the statement from Brian Dodge to say that DVLA cannot regulate the parking industry is correct. Regulation of the private parking industry is not within DVLA’s remit.

Next time you write to them, re-quote this and ask precisely who does 'regulate the private parking industry'?

Get them to put it in writing!

Fergie76

Baz / Manx any thoughts on the DVLA reply?

ManxRed

This is what the BPA CoP says on the matter:

7 Written authorisation of the landowner
7.1 If you do not own the land on which you are carrying out parking management, you must have the written authorisation of the landowner (or their appointed agent) before you can start operating on the land in question. The authorisation must give you the authority to carry out all the aspects of the management and enforcement of the site that you are responsible for. In particular, it must say that the landowner requires you to keep to the Code of Practice and that either you have the authority to pursue outstanding parking charges, through the courts if necessary or that you have the authority to pursue outstanding parking charges and, with their permission, through the courts if necessary.

It seemingly supports what the DVLA are saying, in that operators don't need contracts to operate on land they don't own.

So, if they are going to rely on the letter of Apr 2011 then they really ought to ensure that it applies to the correct legal entity, which as you have noticed it doesn't. The letter must stipulate clearly that the entity they are entrusting the enforcement of parking to will adhere to the code of practice. Does the 2011 letter say this?

There is perhaps another argument, and one which doubtless the BPA and the DVLA will not want to get drawn into, but if APCOA were to take action in a court regarding any parking enforcement at this site, they would probably be required to demonstrate that a contract exists - not a letter of authority.

It would appear that the DVLA, in releasing people's data, are less stringent than a court might be in performing a test on the applicant's authority to request data on that particular piece of land which they clearly do not own. A cop out in my opinion. Although it is interesting to see what Paperbird has found on their website. Doubtless they'll duck that too.

Fergie76

Apr 11 letter:

ManxRed

OK, so apart from not getting the legal entity correct, it may well satisfy the DVLA's requirement, although I doubt it would hold much sway in any court claim, although it states that APCOA's remit is limited to issuing of notices only.

Given how much this smells of fish, have you looked on LinkedIn to make sure that the two people named in that letter were working where they say they were in 2011, or is that their redaction and not yours?

Fergie76

It was their redaction.