Hospital Complaint For Breach Of Equality Act 2010

Paperbird

You could ask the DVLA who and when authorised the removal of the need for a PPC to have a contract with the landowner to get keeper details if they are claiming all they need is what was in the 2011 letter.

Paperbird

I can't help thinking that the hospital trust never realised that their contract was not with APCOA parking. I Also suspect that the April 2011 letter was copied from a template supplied by APCOA to send to the DVLA.
They have probably done exactly the same with all their hospital (non)contracts so as you are over the limit with this hospital for FOI info how about a request to another hospital that also uses APCOA for any letters between them and APCOA in the first 6 months of 2011.
They would have had to ask the hospital for the letter so it could show that APCOA wrote it or they tricked the hospital into thinking APCOA parking were the company with the contract.

esmerobbo

Is it only me or does anyone else think that letter was not composed by someone with any legal training?

I do not believe a solicitor would let that one get by.

Fergie76

Paperbird wrote: »

You could ask the DVLA who and when authorised the removal of the need for a PPC to have a contract with the landowner to get keeper details if they are claiming all they need is what was in the 2011 letter.

Has there ever been a need to have a contract?

Looking at this DVLA document - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/390088/Website-Release_of_information_from_DVLA__2_.pdf

Landowners and Private car parking management companies

Private car parking facilities provide a vital service in towns and cities throughout the land. Many shops, hotels, pubs and doctors’ surgeries are affected when motorists park their vehicle in breach of the conditions applying. Properly controlled data release from the DVLA Vehicle register helps those facilities operate more effectively for the benefit of tens of thousands of motorists every day.

A motorist who parks a vehicle on private land does so subject to the terms and conditions set out on signage displayed in the car park. It is considered reasonable for businesses and landowners to seek redress if vehicles have been parked in breach of the conditions applying. This could include overstaying the permitted time period allowed or failure to pay the relevant charges for parking on private land.

Vehicles could have been inconsiderately parked, for example without entitlement in a space reserved for disabled motorists or obstruct access for emergency vehicles.

Data is provided by the DVLA to enable landowners or their agents to pursue their legal rights and to resolve disputes.

In order to help ensure motorists are treated fairly when any parking charge is pursued, DVLA will only provide vehicle keeper details where the car parking management - company is a member of an Accredited Trade Association (ATA)

The ATA’s enforce a code of practice which covers many aspects of a car parking operators business, and while compliance with the code of practice is a key consideration for DVLA when releasing Vehicle Keeper Data, not all requirements of the code affect reasonable cause.

DVLA will not disclose data to parking companies who are not members of an ATA and looks primarily to the ATA’s to monitor adherence to the code of practice and explore and address non - compliance when it arises.

Oh no, they don't!!

Fergie76

From the ICO website - https://ico.org.uk/for-the-public/dvla/:

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.

Because of electronic access, PPC's don't actually provide this evidence. And my case the letter of 26 Apr 11 states:

Please accept this document as formal authorisation for APCOA Parking to execute Private Land Enforcement and debt recovery activity on land owned or managed by our organisation.....

This parking control will involve the issuing of Private Land Enforcement Notices only. Clamping is not to be utilised.

Being pedantic, is a Private Land Enforcement Notice the same as a Private Parking invoice?

Also, the Trust's own Car Parking Policy:

5.3 Contraventions to parking procedures and regulations will result in the application of the Enforcement Policy detailed within each site specific contract.

As I have already pointed out, the contract relates to clamping. So just because the letter of 26 Apr 11 states collection of parking enforcement it does not prove that a parking enforcement scheme is in place, which it clearly isn't going by the Trust's own Parking Policy?

Does that make sense or have I confused myself here?

Paperbird

Yes they did need a contract.
This should link to an archived copy of requirements from Feb 2009.

hxxp://webarchive.nationalarchives.gov.uk/20090211153947/http://direct.gov.uk/en/Motoring/OwningAVehicle/AdviceOnKeepingYourVehicle/DG_4022067

It is for paper requests but I would think the same rules apply for direct electronic access.
Under " using the V888/2 and V888/3 " it says they do not have to provide a contract but clearly states the letter must include the start and end dates of the contract.

Fergie76

Under electronic access it is assumed by default that they have reasonable cause, so therefore don't have to produce any evidence until challenged and as reasonable cause is not defined, DVLA can make up their own rules as they go along.

Paperbird

From the DVLA letter in your post No 575.
· 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,

It would seem they still have to provide the same evidence for any sites they infest prior to having electronic access for a new site.

Fergie76

DVLA were not in possession of the two letters until after I complained.

Paperbird

I'm linking the letter to their access to data because of the date. On the .GOV archives you can check what companies have electronic access and APCOA are not on the list dated 13 Jan 2011 but are on the 4th Apr 2011 one.

From this part of the DVLA letter
"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.

As access is covered by the regulations and it was a requirement in 2009 for there to be a contract under regulation 27 then it should be documented somewhere if that requirement is removed.