Hospital Complaint For Breach Of Equality Act 2010

Fergie76

waamo wrote: »

They may well refuse to show correspondence with their solicitor. Such communication would have legal privalige and as such does not have to be disclosed.

That is the only point they have addressed when they refused my FOI.

daveyjp

I would leave out the demand for £5,000. leave that for the LBA.

Myriddin

I'm not so sure about the use of the word 'scam.' It tends to grate when used in correspondence of this nature and it's use implies that the Trust has deliberately set out to defraud. In actual fact they are probably guilty of nothing more than naivety and incompetence in their arrangements with APCOA and, of course, in dealing with your complaint. Perhaps there is a better word that is less inflammatory?

I know it's difficult to remain business-like when the blood is running hot.

Just my two penneth worth!

Fergie76

daveyjp wrote: »

I would leave out the demand for £5,000. leave that for the LBA.

Thanks, I wasn't sure.

In the unlikely event that they addressed all my other points, then that would leave me nowhere to go with regards to compensation for my wife, as I have said if they address them, I will consider the complaint satisfied.

Fergie76

Myriddin wrote: »

I'm not so sure about the use of the word 'scam.' It tends to grate when used in correspondence of this nature and it's use implies that the Trust has deliberately set out to defraud. In actual fact they are probably guilty of nothing more than naivety and incompetence in their arrangements with APCOA and, of course, in dealing with your complaint. Perhaps there is a better word that is less inflammatory?

I know it's difficult to remain business-like when the blood is running hot.

Just my two penneth worth!

I have refrained from using the word up until now for that reason, but given that I have highlighted way back in the Autumn that they are breaching the Equalities Act and that their parking contractor has no authority to collect any charges on that land and they have provided no evidence to show that they have addressed these issues then yes, I consider that they are part of the scam.

Myriddin

Might I suggest that instead of 'it sounds as if you are trying to make it my fault that your Trust tried to scam me' you substitute something like: ' I feel that you are attempting to deflect blame in order to palliate the Trust's responsibility for its Agent's actions.'

And 'cancelled the ticket that was mistakenly issued' instead of 'cancelled the ticket that you were trying to scam me with.'

Just a thought!

Umkomaas

Fergie, I tend to agree with Myriddin. You need to maintain the moral high ground, not drop a level to throwing minor 'insults', despite your blood pressure and patience being severely tested.

I think you'll get further, albeit wading through treacle, if you keep it at an intellectually professional level.

You might want to add at the end of your latest draft letter, that, unless you receive satisfactory answers, your next communication with them will be via a formal Letter Before County Court Claim.

BUT - you need to follow that through, otherwise there will be an understandable supposition on their part that you are bluffing - and they might just call you on it.

Fergie76

Thanks for your comments and I am definitely not bluffing.

My only concern is that I am going to be out of the country with work for the rest of the year and I want to be home for the court case, as my wife is in no condition to deal with it herself.

Ralph-y

I am sure that advocates ( if that is the right term) will be found ?

after all this hard work this can not be allowed to falter....

Ralph:cool:



Ralph

Fergie76

I hope to get the LBA off tomorrow, so any constructive comments are appreciated, typo's, good england etc... Thanks.

Format looks ok on word, so no worries there.

[FONT=&quot]LETTER BEFORE COUNTY COURT ACTION[/FONT]

[FONT=&quot]Reason for Claim[/FONT]

[FONT=&quot]This claim is brought due to the Breach of Equalities Act 2010 (EA10), the unreasonable behaviour of the NHS Trust in dealing with my husband XXXXX XXXXXXXX’s complaints and the distress, worry and embarrassment and hurt caused to my feelings due to the unreasonable behaviour of the hospital.[/FONT]

[FONT=&quot]Facts of the Case[/FONT]

[FONT=&quot]A car registered to me, [/FONT][FONT=&quot]in which I was a passenger at the time of the event,[/FONT][FONT=&quot] was given a private parking ticket at Car Park 3 at Northwick Park and St Mark’s Hospitals, Watford Road, Harrow in July 14. My husband complained to the hospital on my behalf due to the hospital not making reasonable adjustment under EA10 and the hospital’s car parking contractor breaching their own Trade Association Code of Practice many times.[/FONT]

[FONT=&quot]My husband has emailed the hospital on many occasions to try and resolve this amicably, however the hospital have been extremely unhelpful and hindered at every turn. My husband has submitted 3 Freedom of Information (FOI) requests to the hospital and they have breached the Freedom of Information Act on every request by failing to respond on time and on the first occasion up to two months later, despite repeated hastening emails.[/FONT]

[FONT=&quot]One of the FOI requests that my husband submitted to the hospital was for a copy of their contract with their contractor APCOA Parking (UK) Ltd. It turns out that there is no valid contact between the two parties. The contract the hospital has in place is with APCOA Facilities Management (Harrow) Ltd. Despite the similar names, these are two separate companies. Also the contract does not allow for penalising people should they breach any Terms and Conditions. The contract only refers to clamping.[/FONT]

[FONT=&quot]What I Require the NHS Trust to do to Stop Further Action[/FONT]

[FONT=&quot]1. I require the NHS Trust to comply with my husband’s requests as stated in my husband’s letter of 16 Feb 15 and also emails of 19 Mar 15, 26 Mar 15, 27 Mar 15 and 30 Mar 15. For the avoidance of doubt these are:[/FONT]

[FONT=&quot]A. To have on common policy for disabled patients and visitors regardless of whether they park in a disabled bay or not, as not to breach the Equality Act.[/FONT]

[FONT=&quot]B. Stop APCOA Parking (UK) Ltd illegally operating on your land.[/FONT]

[FONT=&quot]C. To stop issuing illegal parking charges at Northwick Park and St Marks Hospital immediately and to refund all illegally collected parking charges since they were introduced.[/FONT]

[FONT=&quot]D. Supply me a full breakdown of the Trust’s GPEOL.[/FONT]
[FONT=&quot]E. Immediately review your Parking Policy to comply with the Department of Health’s guidance that was issued last August.[/FONT]

[FONT=&quot]F. Urgently, review your policy on dealing with complaints and FOI requests.[/FONT]

[FONT=&quot]G. Implement procedures to ensure that any parking contractors you employ in the future, abide by their own Trade Associations Code of Practice.[/FONT]

[FONT=&quot]G. Under the FOI Act supply me with full unredacted copies of all correspondence in whatever format you hold it, where parking policy discussed and all correspondence between yourself and all incarnations of APCOA including the two letters dated 26 Apr 11 and 7 Jul 14.[/FONT]

[FONT=&quot]2. I also require the hospital to pay me a sum of £5000 for the distress, worry, embarrassment, hurt and distress that your actions have caused me.[/FONT]

[FONT=&quot]3. I will also be claiming costs due the NHS Trust’s unreasonable behaviour, should I be required to lodge a claim with the County Court.[/FONT]

[FONT=&quot]Documents I will be relying on[/FONT]

[FONT=&quot]I will be relying on all correspondence with the NHS Trust to date as proof of their unreasonable behaviour. I will also be relying on my correspondence with the DVLA, British Parking Association (BPA) and the Information Commissioners Office (ICO).[/FONT]

[FONT=&quot]I will also be relying on the following links as evidence of previous cases where sums have been awarded for embarrassment, hurt and distress.[/FONT]

[FONT=&quot]Pannone Solicitor's Blog[/FONT]

[FONT=&quot]The usual result of a case of this nature is an apology being ordered. However in this case the court awarded damages of £1,500 for hurt feelings! [/FONT]

[FONT=&quot]Citizen's Advice Bureau[/FONT]
[FONT=&quot]The lower band[/FONT]

[FONT=&quot]The tribunal can award between £500 and £6,000 in less serious cases of discrimination, such as a one-off act of relatively minor harassment or discrimination.[/FONT]
[FONT=&quot]Mediation[/FONT]
[FONT=&quot]I am willing to use mediation as an alternative County Court Action.[/FONT]

[FONT=&quot]Response[/FONT]

[FONT=&quot]I require a full response within 21 days from the date of this letter.[/FONT]

[FONT=&quot]Documents I require you to provide[/FONT]

[FONT=&quot]I require you provide a copy of all documents that you will be replying upon to defend this case.[/FONT]

[FONT=&quot]Extra Costs[/FONT]

[FONT=&quot]You are reminded that should you fail to respond to this letter, a County Court Claim will be lodged without further correspondence and as a result, this may mean that you will incur further costs.[/FONT]

[FONT=&quot]Civil Procedure Rules[/FONT]

[FONT=&quot]We are both bound to follow certain rules during this process. These are set out in the Civil Procedure Rules and they aim to make sure the case is dealt with fairly. To find out more about them, go to www.justice.gov.uk[/FONT]