Hospital Complaint For Breach Of Equality Act 2010

bod1467

Which email provider were you using? If it's Gmail then all your emails should be archived in the All Mail folder online.

Fergie76

Sky.

Already checked and they are not there, but thanks for the suggestion.

Fergie76

LBCCC was posted today, with proof of posting obviously.

Fruitcake

Fergie76 wrote: »

LBCCC was posted today, with proof of posting obviously.

My Hero. :T:T:T

martmonk

Fergie76 wrote: »

LBCCC was posted today, with proof of posting obviously.

I doth my hat sir, well played.

Fergie76

Had a reply back from DVLA:

I have posted previously what I wrote, but I have a rubbish internet connection at the moment so it will take to long to find post, but this is what I said I want them to do:

What I require for this complaint to be satisified is:

1. That ‘reasonable cause’ is legally defined by the DVLA and that as a minimum, it must include a legally binding contract from the Landowner.

2. You require that all Private Parking Companies produce the contract as part of reasonable cause, for each and every request they make.

3. You stop releasing registered keepers information for this site, until such a time that APCOA Parking (UK) Limited are able to produce such a contract.

4. Stop releasing ALL information to APCOA Parking (UK) Limited until such a time that they are conforming to their KADOE contract by abiding to the BPA AOS COP.

And their reply:

Thank you for your note.

In response to your requirements:

1. That ‘reasonable cause’ is legally defined by the DVLA and that as a minimum, it must include a legally binding contract from the Landowner.
The term reasonable cause is not defined in legislation but DVLA takes the view that disclosure should be associated with road safety, the vehicle and its use, the collection of taxation or incidents with liability on the part of the driver.

As Brian Dodge has stated, and I have reiterated below, it is not within DVLA’s remit to regulate the private parking industry. This means that we cannot prescribe what contract documentation needs to be in place with land owners. We have no evidence that the landowner themselves are disputing the agreement. In line with this, 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 further. Any queries or concerns regarding those contracts should be addressed with the relevant parties to the contracts.

2. You require that all Private Parking Companies produce the contract as part of reasonable cause, for each and every request they make.
DVLA has no plans to require that all Private Parking Companies produce a contract for each and every request they make.

As stated previously the DVLA discloses vehicle keeper information only to companies that are members of an appropriate Accredited Trade Association (ATA). The purpose of requiring a company to be a member of an ATA is to ensure that those who request DVLA information are legitimate companies that operate within a code of practice that promotes fair treatment of the motorist and ensures that there is a clear set of standards for operators.
However, it is the ATA that manages the Code of Practice, not DVLA.

All data sharing undertaken by the DVLA is carried out in accordance with the principles of the DPA. The most recent audit by the ICO judged the DVLA’s procedures to offer high assurance that processes to mitigate the risks of non-compliance with the DPA are in place.

3. You stop releasing registered keepers information for this site, until such a time that APCOA Parking (UK) Limited are able to produce such a contract.
As per response to 2 above.

4. Stop releasing ALL information to APCOA Parking (UK) Limited until such a time that they are conforming to their KADOE contract by abiding to the BPA AOS COP.
The specific issues you have raised relating to compliance with the BPA AOS Code of Practice do not impact on reasonable cause. Motorists are able to appeal to the private parking operator or to POPLA (in the case of BPA) if it is felt that there are grounds to appeal.
As stated above it is not within DVLA’s remit to regulate the industry so cannot comment on genuine pre-estimate of loss from the private parking company or from the hospital.

Your point in regard to the entrance signage I understand was addressed as part of your complaint in June 2014, but I am double checking on this with colleagues that have not been in the office. I will respond to you as soon as I have checked this for you. Apologies for the delay on this point.

I have also received two letters from the hospital in pdf format, but can't open them at the minute where I am. Will update when I can.

bod1467

The DVLA response can be summarised like so:

Paperbird

DVLA has no plans to require that all Private Parking Companies produce a contract for each and every request they make.

If they are not going to re-introduce it you could ask they why they removed the need for there to be a contract.

Captain_Leaky

So the DVLA are not going to enforce the law nor good practice? Great, so I'll no longer bother to notify them of any vehicle changes/tax issues, nor any driving licence changes, since it appears to actually be true that they really are not interested at all.

keepitlegal

Fergie76 well done for getting this far, I only just discovered this thread yesterday when searching for posts on the Equality Act, (I intend using the act against council for something similar to your experience, but that's another story!)
I know it's too late now, but if your sending a LBC it is best to post 2 copies from 2 different post offices (also get proof of postage) a judge will accept that the respondent has received at least 1 copy. Should you require any help re the legal side of your County Court Claim may I recommend you search for swarb law. We have taken an individual and a company to court (won both times too!), and we got a tremendous amount of help on that site.
Long my you continue to be a pain in the @rse (your words not mine)
Best of luck

Keepitlegal