Please can you provide a copy of the contract with Parking Eye t/a Car Parking Partnership who have been engaged to manage parking at Colchester General Hospital?

Nigel Barker made this Freedom of Information request to East Suffolk and North Essex NHS Foundation Trust

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Dear East Suffolk and North Essex NHS Foundation Trust,

Parking control by means of Automatic Number Plate Recognition (ANPR) is being introduced at Colchester General Hospital & infringements will result in a Parking Charge Notice (PCN) for £70 being issued. The scheme is to be managed by Parking Eye trading as Car Parking Partnership.

Please can you provide a copy of the contract with Parking Eye t/a CPP confirming that this adheres to the Department of Health Guidance on NHS patient, visitor and staff car parking principles that "Contracts should not be let on any basis that incentivises additional charges, eg ‘income from parking charge notices only’."

If the financial details of the contract are thought to be commercially sensitive then a redacted copy will be acceptable as long as the basis on which the payment to Parking Eye t/a CPP to provide car park management is clear e.g. are they paid an annual service fee for parking management or do they keep a receipts from PCNs or a combination of both?

I would also like confirmation whether Parking Eye t/a CPP are authorised to enforce payment of PCNs through court action i.e. will patients, staff or hospital visitors be sued in court for unpaid PCNs?

Yours faithfully,

Nigel Barker

FOI Requests CGH, East Suffolk and North Essex NHS Foundation Trust

Dear Nigel,

 

Reference number: 5123

 

I am writing to acknowledge receipt of your request under the Freedom of
Information Act 2000 to East Suffolk and North Essex Foundation Trust
(ESNEFT), received on 14/09/2018. Your enquiry has been logged and
forwarded to the appropriate department for action. Please note that the
Act allows 20 full working days to provide a response although we will
endeavour to do so before then. The deadline is calculated to be
12/10/2018.

 

If you have any queries regarding your request, please do not hesitate to
contact me on this email address.

 

Kind regards,

Amy

 

Amy Witham

Information Governance Administrative Assistant

East Suffolk and North Essex NHS Foundation Trust

Based at: Ipswich Hospital

Email: [1][email address]

Telephone: 01473 702878 ext 1878

 

show quoted sections

FOI Requests CGH, East Suffolk and North Essex NHS Foundation Trust

Thank you for your recent enquiry regarding information held by the East
Suffolk and North Essex Foundation Trust:

 

Parking control by means of Automatic Number Plate Recognition (ANPR) is
being introduced at Colchester General Hospital & infringements will
result in a  Parking Charge Notice (PCN) for £70 being issued.  The scheme
is to be managed by Parking Eye trading as Car Parking Partnership. 

 

Please can you provide a copy of the contract with Parking Eye t/a CPP
confirming that this adheres to the Department of Health Guidance on NHS
patient, visitor and staff car parking principles that "Contracts should
not be let on any basis that incentivises additional charges, e.g. ‘income
from parking charge notices only’."

 

If the financial details of the contract are thought to be commercially
sensitive then a redacted copy will be acceptable as long as the basis on
which the payment to Parking Eye t/a CPP to provide car park management is
clear e.g. are they paid an annual service fee for parking management or
do they keep a receipts from PCNs or a combination of both?

 

I would also like confirmation whether Parking Eye t/a CPP are authorised
to enforce payment of PCNs through court action i.e. will patients, staff
or hospital visitors be sued in court for unpaid PCNs?

 

Your enquiry has been dealt with in accordance with the Trust’s Freedom of
Information Act 2000 Policy and Procedures.

 

We are pleased to enclose part of the information you requested:

 

Please see below for our exemption regarding sharing the contract. The
Trust is letting the contract on the basis that contractors are not
incentivised, with a partnership parking management arrangement in place.
Parking Eye Limited trading as CPP (Car Parking Partnership) will receive
a small percentage of visitor parking income and a portion of Parking
Charge Notice (PCN) income.

 

Parking Eye (PE) Limited trading as CPP (Car Parking Partnership) are
entitled to enforce payment through court action but the Trust retains the
right to dismiss any PCN at any stage of the process, up to and including
any court action that may be taken in respect of an unpaid PCN, throughout
the life of the contract. PE, trading as CPP, is a member of the British
Parking Association (BPA) and therefore has to comply with certain
standards of operation. The Trust has drawn up the appeals charter with PE
trading as CPP to ascertain on what grounds appeals should be accepted and
PCNs cancelled. There are two potential appeal processes against any PCN,
firstly through PE, and then through PoPLA (Parking on Private Land
Appeal), which is an independent appeals service for PCN’s issued on
private land. Any PCNs that fall outside the charter will be referred to
the Trust's independent appeals panel for a decision.

 

If you have any queries about the enclosed information please contact us.

 

We confirm that we hold the information requested. However, we regret to
inform you that part of the information requested will not be released to
you. 

 

Under the terms of the Freedom of Information Act 2000 there are certain
circumstances when Trust information will not be disclosed.

 

This information is exempt under Section 43(2): Commercial Interests.

 

We cannot provide a copy of the contract as it is commercially sensitive
and the contract is with Capita Property and Infrastructure Limited. When
the Trust put the contract out to tender the Government’s Crown Commercial
Services framework was used and part of the conditions included the fact
that any bidder had to comply with Health Technical Memorandum 07-03 NHS
car-parking management;

 

[1]https://assets.publishing.service.gov.uk...

 

The Public Sector Information Regulations provide a framework for public
sector organisations to licence the re-use of their information.  Please
request a re-use licence in order to re-use the information. Without the
necessary permission, you can breach our copyright.

 

Brief extracts of any material may be reproduced without our permission,
under the “fair dealing” provisions of the Copyright, Designs and Patents
Act 1988 for the purposes of research for non-commercial purposes; private
study; criticism; review and news reporting. All are subject to an
acknowledgement of ourselves as the copyright owner.  For guidance notes
on a range of copyright issues, see the Office of Public Sector
Information web site.

 

If you are unhappy with the service you have received in relation to your
request you should write to us. Please also contact us if you require a
copy of our Freedom of Information Act 2000 Complaints Procedure.  Any
complaints you wish to make in relation to Environmental Information
Regulations (EIR) requests, must be sent to us within 40 working days of
receipt of this letter. 

 

If you remain dissatisfied with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at:

 

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 08456 30 60 60 or 01625 54 57 45

Website: [2]www.ico.gov.uk

 

There is no charge for making an appeal.

 

We hope that you find the information provided useful and we apologise for
not being able to assist with part of your enquiry.

 

Regards,

 

Amy Witham

Information Governance Administrative Assistant

East Suffolk and North Essex NHS Foundation Trust

Based at: Ipswich Hospital

Email: [3][email address]

Telephone: 01473 702878 ext 1878

References

Visible links
1. https://assets.publishing.service.gov.uk...
2. http://www.ico.gov.uk/
3. mailto:[email address]

Dear East Suffolk and North Essex NHS Foundation Trust,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of East Suffolk and North Essex NHS Foundation Trust's handling of my FOI request 'Please can you provide a copy of the contract with Parking Eye t/a Car Parking Partnership who have been engaged to manage parking at Colchester General Hospital?'.

An exemption is claimed under Section 43 of the Freedom of Information Act 2000. It is wholly inappropriate to claim that the entire document is covered by this exemption. Department of Health Guidance on NHS patient, visitor and staff car parking principles that contracts should not be let on any basis that incentivises additional charges, eg ‘income from parking charge notices ’." yet this is exactly how Parking Eye t/a Car Parking Partnership will be paid for operating this scheme. The public has a right to know what proportion of each PCN will be retained by Parking Eye t/a Car Parking Partnership.

At the very least a redacted copy of the contract could and should be provided.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...

Yours faithfully,

Nigel Barker

FOI Requests CGH, East Suffolk and North Essex NHS Foundation Trust

Dear Nigel,

 

We are writing regarding your request for an internal review of your FOI
request reference number: 5123

 

Your internal review will be managed in accordance with the Trust’s FOI
Policy & Procedures.

 

If you are still dissatisfied with the handling of your request after
exhausting the Trust’s internal Complaints Procedure, then you can contact
the Information Commissioner with details of your complaint using these
contact details:

 

Website:                              [1]www.ico.gov.uk   

Address:                              Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone number:        08456 30 60 60

Fax number:                       01625 524510

 

The Trust aims to provide an answer to your complaint within 20 working
days of its receipt.

 

Regards,

 

Amy Witham

Information Governance Administrative Assistant

East Suffolk and North Essex NHS Foundation Trust

Based at: Ipswich Hospital

Email: [2][email address]

Telephone: 01473 702878 ext 1878

 

show quoted sections

FOI Requests CGH, East Suffolk and North Essex NHS Foundation Trust

1 Attachment

Thank you for your request for Trust information. Please note that this
response is on behalf of Colchester Hospital only:

 

Parking control by means of Automatic Number Plate Recognition (ANPR) is
being introduced at Colchester General Hospital & infringements will
result in a  Parking Charge Notice (PCN) for £70 being issued.  The scheme
is to be managed by Parking Eye trading as Car Parking Partnership. 

 

Please can you provide a copy of the contract with Parking Eye t/a CPP
confirming that this adheres to the Department of Health Guidance on NHS
patient, visitor and staff car parking principles that "Contracts should
not be let on any basis that incentivises additional charges, eg ‘income
from parking charge notices only’."

 

If the financial details of the contract are thought to be commercially
sensitive then a redacted copy will be acceptable as long as the basis on
which the payment to Parking Eye t/a CPP to provide car park management is
clear e.g. are they paid an annual service fee for parking management or
do they keep a receipts from PCNs or a combination of both?

 

I would also like confirmation whether Parking Eye t/a CPP are authorised
to enforce payment of PCNs through court action i.e. will patients, staff
or hospital visitors be sued in court for unpaid PCNs?

 

We received your request for an internal review as follows:

 

I am writing to request an internal review of East Suffolk and North Essex
NHS Foundation Trust's handling of my FOI request 'Please can you provide
a copy of the contract with Parking Eye t/a Car Parking Partnership who
have been engaged to manage parking at Colchester General Hospital?'.

 

An exemption is claimed under Section 43 of the Freedom of Information Act
2000. It is wholly inappropriate to claim that the entire document is
covered by this exemption. Department of Health Guidance on NHS patient,
visitor and staff car parking principles that contracts should not be let
on any basis that incentivises additional charges, e.g. ‘income from
parking charge notices ’." yet this is exactly how Parking Eye t/a Car
Parking Partnership will be paid for operating this scheme. The public has
a right to know what proportion of each PCN will be retained by Parking
Eye t/a Car Parking Partnership.

 

At the very least a redacted copy of the contract could and should be
provided.

 

Your internal review has been completed in in accordance with Trust’s FOI
Policy and Procedures.

 

We are pleased to inform you that part of the information will be released
to you as follows:

 

Please see attached the tender specification for car parking services at
Colchester General Hospital.

 

However, we regret to inform you that the remainder of the information
will not be released:

 

The full contract remains exempt under Section 43: Commercial Interests.

 

The contract was awarded to CPP via a framework in place with Capita
Property and Infrastructure Limited on the basis of a share of Parking
Charge Notice revenue and a share of patient and visitor parking income
and not via ‘income from parking charge notices only’.

The contract between ESNEFT and the contractor is commercially sensitive
and would allow competitors of CPP to understand their commercial models
of operation which would unduly impede them in future commercial tendering
opportunities and therefore cannot be shared in full or as a redacted
copy.

 

The Public Sector Information Regulations provide a framework for public
sector organisations to licence the re-use of their information.  Please
request a re-use licence in order to re-use the information. Without the
necessary permission, you can breach our copyright.

 

Brief extracts of any material may be reproduced without our permission,
under the “fair dealing” provisions of the Copyright, Designs and Patents
Act 1988 for the purposes of research for non-commercial purposes; private
study; criticism; review and news reporting. All are subject to an
acknowledgement of ourselves as the copyright owner.  For guidance notes
on a range of copyright issues, see the Office of Public Sector
Information web site.

 

If you remain dissatisfied with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at:

 

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 08456 30 60 60 or 01625 54 57 45

Website: [1]www.ico.gov.uk

 

There is no charge for making an appeal.

 

We hope that you find the information provided useful and we apologise for
not being able to assist with part of your enquiry.

 

Regards,

 

Amy Witham

Information Governance Administrative Assistant

East Suffolk and North Essex NHS Foundation Trust

Based at: Ipswich Hospital

Email: [2][email address]

Telephone: 01473 702878 ext 1878

 

References

Visible links
1. http://www.ico.gov.uk/
2. mailto:[email address]