NHS Trust PCN

hoohoo

I would appeal to the hospital anyway.

Dear Ipswitch Hospital,
Re parking charge xx

I am the registered keeper and wish to appeal the parking charge notice. As keeper liability does not apply in this instance, I am not liable. Please therefore ensure that I receive no further correspondence regarding this issue, apart from any notice that the charge is cancelled.

Parking-Prankster

Invite the DVLA to get involved.

Dear DVLA,
You have released my keeper details to Ipswitch Hospital, who are using them for the purpose of running a car park. The hospital are not part of an ATA, and so this is against your data release policy. One of the reasons for you only releasing to an ATA was that the motorist would have recourse to an independent appeals service. Another is that the costs will be limited

I attach my notice to keeper. As you can see, the charge is £102, which is in excess of the limit set by ATAs. As you can also tell, it is also not POFA 2012 sch 4 compliant (no reason for charge, 8(2)(f) declaration, etc. As you can also tell, there is no independent appeals service available.

I am therefore not liable, but have no appeals service available to get this charge cancelled.

I would therefore be grateful if you could suspend Ipswitch Hospitals and also Ultimate Consumer Solutions from DVLA access, in the same way that Proserve and ACE Security were suspended, and for the same reasons.

Please can you also confirm that as these companies are using my data for purposes other than that which you release it, it should now be destroyed by them.

Given that companies regularly seem to be able to outfox you and get data from you in this way, please could you also inform me how you are going to address your continued incompetence, and stop this in future.


OK, perhaps miss that last one out :-)

Half_way

You could also bounce it to the hospital as well, and tell them that any further correspondence from them or their agents demanding money will incur a charge of £19 per hour or part thereof.

Also you could ask the hospital under what by-laws or other statutory powers it has to issue parking fines, and if there are no by-laws in place then what action is the NHS trust taking to refund motorists that have been defrauded by the NHS trust, as clearly they are under the impression thay have the authority to issue fines as evidenced by a FOI request published on their website:
http://www.ipswichhospital.nhs.uk/foi/Documents/2015/FOI%20Requests%20Sept%202015.pdf

-
206 units reusable
-
36,195 units disposable
2012
-
2013:
-
48,656 units total usage
-
269 units reusable
-
48,387 units disposable
2013
-
2014:
-
51,416 units total usage
-
148 units reusable
-
51,268 units disposable
2014
-
2015:
-
78,959 units total usage
-
103 units reusable
-
78,856 units disposable
2015
-
2016 YTD
-
44,005 units total usage
-
95 units reusable
-
43,910 units disposable
We have not have any incidents/claims relatin
g to the question of tourniquet type.
3157
14/07/15
Other
The amount collected by the Trust in parking fines for the past four financial years: 2010/11, 2011/12, 2013/14
and 2014/15.

If the information is not
available in financial years, please provide in calendar format: 2012, 2013, 2014 and
2015 (from January 1 up until the
date this request was received)
Amounts collected in parking fines were:
2014/15:
£27,951
2013/14:
£46,021
2012/13:
£18,382
2011
/12:
£7,126
2010/11: Not available
We can confirm that information for 2010/11 is not available.
The request actually specified the amount collected “for the past four financial years” which has been provided. It
listed the relevant financial years but
omitted 2012/13, which we have added in giving you “for the past four
financial years

The Trusts website is here :
http://www.ipswichhospital.nhs.uk/
and on that page is this
[img][/img]
clickable email address [EMAIL="nick.hulme@ipswichhospital.nhs.uk"]nick.hulme@ipswichhospital.nhs.uk[/EMAIL]
blog link http://www.ipswichhospital.nhs.uk/aboutourhospital/nicks-blog.htm
and facebook https://www.facebook.com/ipswichhospitalnhs

If you have been affected by the parking regime at this hospital I would suggest using all channels to demand that they stop harassing visitors/staff/patients, and demand to know what action they will be taking to re-fund any drivers that may have paid these unlawful fines

Redx

and point them at the Jeremy Hunt guidelines dated oct 2015 , here

https://www.gov.uk/government/publications/nhs-patient-visitor-and-staff-car-parking-principles/nhs-patient-visitor-and-staff-car-parking-principles

and please get as many as you can to sign the Beavis petition, here

https://petition.parliament.uk/petitions/111925

disgusting behaviour by that hospital trust and by the underhanded methods of its IPC agents to try to bypass AOS procedures

as prankster said, it failed proserve and ace security, never mind those fools at anpr that were kicked out of the BPA

TB2013

Many thanks everyone for the replies, it's much appreciated.

I have sent a complaint to the DVLA, will see what they say and report back.

I have read the above links and advice regarding the hospital directly. I will use this to write up a complain to them as well.

Hopefully something will come out of it! Thanks again everyone, I will report back when I hear something

TB2013

DVLA response:

Thank you for your email regarding this matter.

Firstly, I should mention that at this time, DVLA does not insist that hospitals need to be members of an ATA to operate parking on their sites. I will however mention that the request to obtain the keeper details was received from Solution Labs Ltd who are members of an ATA.

I should also mention that the company who have written to you (UCS) are members of an ATA and have offered you a route to challenge the parking charge by visiting their website https://www.contactucs.com alternatively, you could raise this with the hospitals appeal process.

With regards to the charge amount, the DVLA does not have any control over this however we are aware that debt recovery companies may add charges to the amount where they are incurring costs once they have become involved.

I also note that the notice does not refer to POFA 2012 or that the keeper is liable for the charge. The notice invites the keeper to name the driver, therefore there are no compliance issues with POFA 2012 to be considered.

At this time, DVLA can take no further action as the data appears to have been requested and used appropriately. I can only suggest you raise your concerns with the ATA as directed in the notice.

Is it true hospitals don't need to be part of an ATA? Am I right in thinking that as POFA isn't mentioned, they cannot take the keeper to court? So it may just be a case of getting spam for 6 years if the hospital don't cancel it?

The_Slithy_Tove

What a load of fudge from the DVLA.

I believe that it is NOT ALLOWED for a non-ATA member simply to pass the vehicle details to an ATA member for them to get the keeper details. The original body also needs to be a member, else any unscrupulous so-and-so can use a third party (like they could get more unscrupulous!).

Umkomaas

More dodgy dealings. And doesn't it stick in the craw that the DVLA will perform complex somersaults to exonerate any outfit involved in PPC world, and always to the detriment of the 'ordinary man'.

Shameful.

TB2013

Yes it's very frustrating!

The car park has no entrance signs, very few signs dotted around each of the car parks informing patients of the restrictions (and certainly no mention of any BPA/IPC approved company/logo etc.), give driver notices that say "penalty" all over it, yet they do not belong to an ATA and therefore have no code of practice to follow! So they can completely get away with it as DVLA accept them running car parks without ATA status! I assume if I did ever take it to the IPC, they would just say that Ipswich is not their member so wouldn't care (not that they'd do anything if they were!)? So how is an independent appeal service available?

Is it worth mentioning this to the DVLA? They'll probably only reply with the same rubbish as above. Is there anyone to report the DVLA to? I have seen the ICO mentioned before?

Fruitcake

TB2013 wrote: »

Yes it's very frustrating!

The car park has no entrance signs, very few signs dotted around each of the car parks informing patients of the restrictions (and certainly no mention of any BPA/IPC approved company/logo etc.), give driver notices that say "penalty" all over it, yet they do not belong to an ATA and therefore have no code of practice to follow! So they can completely get away with it as DVLA accept them running car parks without ATA status! I assume if I did ever take it to the IPC, they would just say that Ipswich is not their member so wouldn't care (not that they'd do anything if they were!)? So how is an independent appeal service available?

Is it worth mentioning this to the DVLA? They'll probably only reply with the same rubbish as above. Is there anyone to report the DVLA to? I have seen the ICO mentioned before?

The landowner can make a paper application to the DVLA but only for a case of trespass, not parking issues.


I think it is true that a third party is not allowed to obtain keeper details from the DVLA but you would need to determine whether this is correct before complaining.
Once armed with the correct piece of legislation you could then make a complaint to the DVLA. You could also complain to the PPC that they have obtained your details unlawfully.
Alternatively you could bang your head against a brick wall.


There are two petitions going around that you should sign. One is to stop private parking scumpanies from charging disproportionate penalties and the other is to stop DVLA from giving out keeper details to unregulated parking scammers.


The first petition is here: -


https://forums.moneysavingexpert.com/discussion/5365003


but I'm not sure where the second one is.