Hospital Complaint For Breach Of Equality Act 2010

Myriddin

If redacted docs are in pdf format there is a little trick that's worked for me several times:

Open the doc in Adobe Reader. Right click on page and choose 'select tool.' Drag and highlight the full page then right click again and 'copy image.' Paste into Word and hopefully, if it's worked, you'll have access to the redacted areas.

Paperbird

I've been looking for more on the .gov sites about it and for electronic access it would seem all a PPC needs is to be a member of an ATA.
It does say that all PPC,s have had to serve a 6 month probation with only paper access and for that they must provide a copy of the agreement with the landowner which could be the reason for the April 2011 letter but I noticed that in the info about APCOA,s requests that the DVLA supplied their first years requests (2010/11) were all electronic

Fergie76

Myriddin wrote: »

If redacted docs are in pdf format there is a little trick that's worked for me several times:

Open the doc in Adobe Reader. Right click on page and choose 'select tool.' Drag and highlight the full page then right click again and 'copy image.' Paste into Word and hopefully, if it's worked, you'll have access to the redacted areas.

Nah, that won't work, as they are scanned .pdf's.

bod1467

If THEY have redacted it then it holds no legal weight in its present form ... there is no proof that the person signing that letter had any authority to make any such assertion, because the person signing is anonymous.

matttye

bod1467 wrote: »

If THEY have redacted it then it holds no legal weight in its present form ... there is no proof that the person signing that letter had any authority to make any such assertion, because the person signing is anonymous.

Doesn't the fact that their job title is on there hold any weight?

Castle

As the April 2011 letter makes no reference to any fees payable to APCOA, we must assume that all payments belong to the trust.

Fergie76

Still not received a reply from the hospital for the letter I sent them on 18 Feb 15 (see post 444).

I emailed them on Thursday evening asking for an update and although it has been read by their CEO, I have not received any reply or even an acknowledgement. I sent another email yesterday telling them how rude I thought the were, but still no reply.

Surely they can't refuse to answer complaints or even to respond at all?

Fergie76

My DRAFT reply to the DVLA's response at post 575:

Thank you for your reply, however I must take issue with it.

The letter of 7 Jul 14 is irrelevant as this is dated after my parking event, so therefore cannot be relied upon.

The letter of 26 Apr 11 again cannot be relied upon as it does not give formal authorisation to APCOA Parking (UK) Ltd to carry out enforcement.

Another point to note is that you were not aware of these letters until after I complained, so what checks were carried out to ensure that you were releasing my data to someone with reasonable cause? I am not happy that you release registered keepers details to an unregulated Industry that is renowned for scamming and conmen. The BPA are toothless and have already admitted to me that they do not regulate their members and that has been backed up by the fact that I have highlighted a number of breaches to the Approved Operator Scheme Code of Practice (AOS COP) and they have brushed all complaints under the carpet as they don’t want to lose anymore members to the IPC.

I thought that as part of the Kodae contract a Private Parking Company had to abide by the their AOS COP?

The breaches that I highlighted to the BPA were included:

[FONT=&quot]First breach – When I visited the same car park in June 14, the signs clearly had the word penalty on them. I reported this breach to you and APCOA were made to change their signs and were awarded penalty points. To change the signs all APCOA did were to cover the sentence containing the word penalty with blue tape.[/FONT]

[FONT=&quot]Second breach – Section 16.5 of the BPA AOS COP says:[/FONT]

[FONT=&quot]16.5 If your landowner provides a concession that allows parking for disabled people, if a vehicle displays a valid Blue Badge you must not issue it with parking charge notices. [/FONT]

[FONT=&quot]The car was clearly displaying a disabled badge, so APCOA should not have issued a parking charge notice as the landowner provides a concession for disabled people. You will note from the above paragraph that it does not state that this is only applicable to the disabled bays. [/FONT]

[FONT=&quot]Third breach – Pretending for a minute that it is not a penalty and that it is a contractual charge the BPA AOS COP states:[/FONT]

[FONT=&quot] 19.5 If the parking charge that the driver is being asked to pay is for a breach of contract or act of trespass, this charge must be based on the genuine pre-estimate of loss that you suffer. We would not expect this amount to be more than £100. If the charge is more than this, operators must be able to justify the amount in advance.[/FONT]

[FONT=&quot]The £60 charge cannot be a genuine pre-estimate of loss or else you would not be able to offer a 50% discount if paid within 14 days or else APCOA would be losing money on each and every ticket paid within the 14 days. [/FONT]

[FONT=&quot]I have received a copy of their GPEOL from the hospital under a FOI and it quite clearly is a work of fiction that is repeatedly defeated at POPLA, as it contains stuff that is normal business costs and not representative of their actual loss.[/FONT]

[FONT=&quot]Loss of P&D revenue [/FONT]
[FONT=&quot]Tariff £12.20[/FONT]
[FONT=&quot]Cost of PCN issuance: [/FONT]
[FONT=&quot]Labour Cost / Licences / Software upload / Consumables / Misc.[/FONT]
[FONT=&quot]£12.25[/FONT]
[FONT=&quot]Associated Labour cost of officer patrol per hour[/FONT]
[FONT=&quot]£9.05[/FONT]
[FONT=&quot]DVLA Fees / Processing Costs for appeals[/FONT]
[FONT=&quot]£15.00[/FONT]
[FONT=&quot]Admin Expenses for appeal: Stationery[/FONT]
[FONT=&quot]£3.00[/FONT]
[FONT=&quot]Postage[/FONT]
[FONT=&quot]£2.00[/FONT]
[FONT=&quot]Printing[/FONT]
[FONT=&quot]£2.00[/FONT]
[FONT=&quot]Attendant and POPLA Appeals staff wages and salaries including Employers National InsuranceAttendants (PCN recording and issuing) for a standard case[/FONT]
[FONT=&quot]£15.38[/FONT]
[FONT=&quot]Appeals Staff 1 hour (call handling / appeals writing) for a case[/FONT]
[FONT=&quot]£9.13[/FONT]
[FONT=&quot]Management at 3 hours (quality control / evidence gathering / appeal writing ) for a case[/FONT]
[FONT=&quot]£30.28[/FONT]

[FONT=&quot]Also you cannot generate a cost, where there has been no loss in the first place. And given that the Landowner provides concession to drivers displaying a blue badge, there is no initial loss.[/FONT]

[FONT=&quot]Forth Breach – The BPA AOS COP places high importance on Entrance Signs:[/FONT]

[FONT=&quot] 18.2 Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area. Entrance signs must tell drivers that the car park is managed and that there are terms and conditions they must be aware of. Entrance signs must follow some minimum general principles and be in a standard format. The size of the sign must take into account the expected speed of vehicles approaching the car park, and it is recommended that you follow Department for Transport guidance on this. See Appendix B for an example of an entrance sign and more information about their use.[/FONT]

[FONT=&quot]There are no entrance signs at the entrance to the hospital, car park 3 or the car park at the St Marks entrance to the hospital.[/FONT]

[FONT=&quot]Fifth breach – On the parking signs T&C’s, it does not state how much the Parking/Penalty Charge Notice is for breaching the T&C’s. Please see attached signs.[/FONT]

[FONT=&quot]The signs must be clear and display all T&C’s and the Parking Company cannot introduce additional T&C’s at later stage.[/FONT]

[FONT=&quot]So not only do they not have authority of the landowner, they have also breached their own organisations AOS COP.[/FONT]

I am gonna send it tomorrow, so all constructive points and good england welcome.

Redx

LOOKS OK TO ME APART FROM SOME SPELLING MISTAKES

kadoe

fourth

keep going m8, would like to see them all eat their words on this one

Fergie76

So, I tried to phone the hospital to speak to the CEO, but he was unavailable.

So I asked when he would be next in office and the person replied he is off site all day. I said you are not listening to the question, I asked when he was next in office, same reply came again. So I asked who his Boss was and have now been given the email address of the Chairman, so I have just emailed him this:

I write to you to complain about the your CEO of London North West Healthcare Trust, David McVittie. I have had an ongoing complaint with the Trust since last year and it has yet to be satisfactorily resolved. I sent my last complaint to your Trust on 16 Feb 15 and have yet to receive a reply.

I emailed the CEO last Thursday evening, which was read by David McVittie at 21.36 on 19 Mar 15 and again on Tuesday and have yet to receive any updates or response. I find this totally unacceptable, given that the complaint was initially in regards to your Trust breaching the Equality Act 2010 and then escalated in to a complaint into the company carrying out parking enforcement on your land, doing so without the authority of the Trust and also not adhering to the British Parking Associations Approved Operator Scheme’s Code of Practice, routinely failing to respond to complaints and FOI requests within the laid down timeframes.

In short, the whole thing has been shambolic.

Can you please review this as a matter of urgency.