Please provide information regarding the actions of Total Parking Solutions (TPS) & the contract between the Trust & TPS

Nigel Barker made this Freedom of Information request to United Lincolnshire Hospitals NHS Trust

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

Waiting for an internal review by United Lincolnshire Hospitals NHS Trust of their handling of this request.

Dear United Lincolnshire Hospitals NHS Trust,

Total Parking Solutions (TPS) formally provided parking management for the Trust on their hospital sites but lost the contract over a year ago. TPS have recently threatened & actually initiated court claims for alleged debts for parking charges said to have been incurred by ULHT staff members with parking permits using staff car parks at the Trust infringing parking rules in some way. These claims refer to incidents that occurred up to five years ago.

Please can you confirm whether TPS ever initiated legal action against a ULHT staff member when they were managing parking on behalf of the Trust or is it only since the end of the contract that such claims have been initiated?

Please can you confirm whether TPS ever initiated legal action against any patient, visitor or other person(s) when they were managing parking on behalf of the Trust or is it only since the end of the contract that such claims have been initiated?

Please can you also provide a copy of the contract between the Trust & TPS. It is acceptable to redact commercially sensitive information but I am particularly interested in any clauses that pertain to TPS pursuing court action against members of staff, patients or visitors who are alleged to have incurred a parking charge for infringing parking rules.

Yours faithfully,

Nigel Barker

United Lincolnshire Hospitals NHS Trust

Thank you for your email.

Your Freedom of information request has been logged and will now be processed.

If you need to contact us again in relation to this request please quote reference number 275/19 using the email address [email address].

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Dear United Lincolnshire Hospitals NHS Trust,

You should have responded to my request for data you hold yesterday. Please respond immediately before I am obliged to make a complaint to the ICO.

Yours faithfully,

Nigel Barker

United Lincolnshire Hospitals NHS Trust

Hello Mr Barker

Thank you for your email concerning the process of your Freedom of information request 275/19 and we sincerely apologise for not responding within the deadline. We are in the process of gathering the necessary information required in-order to satisfy your request which is taking longer than anticipated. We are sorry for the inconvenience and we plan to respond with the information as soon as possible.

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Dear United Lincolnshire Hospitals NHS Trust,

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

I am writing to request an internal review of United Lincolnshire Hospitals NHS Trust's handling of my FOI request 'Please provide information regarding the actions of Total Parking Solutions (TPS) & the contract between the Trust & TPS'.

You have still failed to provide any of the information that I requested & are well outside the legally required deadline. The information requested is very straightforward & there can be no legitimate reason for this delay. It is intolerable that a public body should ignore the law in this way.

Please supply the requested information without further delay.

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

Dear United Lincolnshire Hospitals NHS Trust,

You continue to ignore my request & you have even ignored the following email sent to you by the Information Commissioner’s Office as a result of my complaint.

It is disgraceful that a public body does not comply with the law & to prevent sanctions by the ICO you should respond to my request immediately.

Yours faithfully,

Nigel Barker

20 July 2019

Case Reference Number FS50856735

Dear Sir/Madam

Freedom of Information Act 2000 (FOIA)
Complaint from Mr Nigel Barker
Information request reference: 275/19

The Information Commissioner has received a complaint from Mr Barker stating that no response has been sent to an information request submitted to your organisation via the WhatDoTheyKnow website on 8 May 2019, which you appear to have received as you refer to it in your email to Mr Barker dated 9 May 2019.

I am providing the WhatDoTheyKnow link which details the correspondence to date.

https://www.whatdotheyknow.com/request/p...

The FOIA provides a public right of access to information held on record by public authorities. Anyone has a right to request information from a public authority. Any public authority in receipt of such a request is under a duty to tell the applicant whether you hold any information falling within the scope of their request; and respond within 20 working days of receipt. If you have not already done so please now respond within 10 working days of receipt of this email.

You should state whether or not the information is held in a recorded form. If it is held, you should either provide the information or issue a refusal notice in accordance with the requirements of section 17 of the FOIA or regulation 14 of the Environmental Information Regulations (EIR) as appropriate. You can find more information on refusal notices contained in the guidance issued by the Commissioner which is available at:

Refusing a request under FOIA -
http://ico.org.uk/for_organisations/free...

Refusing a request under EIR -
https://ico.org.uk/for-organisations/gui...

The Commissioner’s guidance on time limits for compliance can be found on the following links;

Time limits for compliance under the EIR –
https://ico.org.uk/media/for-organisatio...

Time limits for compliance under the FOIA –
https://ico.org.uk/media/for-organisatio...

In the event of other, similar complaints, the Commissioner may consider taking enforcement action under section 52 of the FOIA.

Finally, you should be aware that the Information Commissioner often receives requests for copies of the correspondence we send and receive when dealing with casework. Not only are we obliged to deal with these in accordance with the access provisions of the Data Protection Act 2018 and the FOIA, it is in the public interest that we are open transparent and accountable for the work that we do.

For further advice on how to deal with information requests, please visit our website at www.ico.org.uk, or you can contact me on the telephone number below. Please quote the case reference number from the top of this email.

Yours sincerely,

Michelle Armitt
Lead Case Officer
The Information Commissioner’s Office
Direct dial number: 0330 414 6649

For information about what we do with personal data see our Privacy Notice

Dear United Lincolnshire Hospitals NHS Trust,

In response to my complaint the ICO has written to you ( complete letter below) requiring you to respond to my request. I expect the Trust to comply & not be held in contempt of court.

It is appalling that the Trust should have thus far refused to provide information that it has a legal requirement to deliver.

Yours faithfully,

Nigel Barker

Reference: FS50856735
Date:
Public Authority: Address:
Complainant: Address:
Freedom of Information Act 2000 (FOIA) Decision notice
8 August 2019
United Lincolnshire Hospitals NHS Trust Trust Headquarters
Lincoln County Hospital
Greetwell Road
Lincoln LN2 5QY
Nigel Barker [email address]
Decision (including any steps ordered)
1. The complainant has made a request for information relating to the actions of Total Parking Solutions (TPS), and the contract between United Lincolnshire Hospitals NHS Trust (the Trust) and TPS. Despite the intervention of the Commissioner, the Trust has not provided a response to the request in accordance with the FOIA.
2. The Commissioner’s decision is that the Trust has failed to respond to the complainant’s request within 20 working days of receipt and has therefore breached section 10(1) of the FOIA.
3. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation.
• The Trust must provide the complainant with a response to the request in accordance with its obligations under the FOIA.
4. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.
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Reference: FS50856735
Request and response
5. On 8 May 2019, the complainant wrote to Trust via the WhatDoTheyKnow website and requested information in the following terms:
“Total Parking Solutions (TPS) formally provided parking management for the Trust on their hospital sites but lost the contract over a year ago. TPS have recently threatened & actually initiated court claims for alleged debts for parking charges said to have been incurred by ULHT staff members with parking permits using staff car parks at the Trust infringing parking rules in some way. These claims refer to incidents that occurred up to five years ago.
Please can you confirm whether TPS ever initiated legal action against a ULHT staff member when they were managing parking on behalf of the Trust or is it only since the end of the contract that such claims have been initiated?
Please can you confirm whether TPS ever initiated legal action against any patient, visitor or other person(s) when they were managing parking on behalf of the Trust or is it only since the end of the contract that such claims have been initiated?
Please can you also provide a copy of the contract between the Trust & TPS. It is acceptable to redact commercially sensitive information but I am particularly interested in any clauses that pertain to TPS pursuing court action against members of staff, patients or visitors who are alleged to have incurred a parking charge for infringing parking rules.”
6. The Trust acknowledged receipt of the information request on 9 May 2019.
7. The complainant followed up his information request with the Trust on 7 June 2019. The Trust responded on 11 June 2019, apologising for not responding to the information request within the 20 working days. It advised the complainant that it was “in the process of gathering the necessary information required in-order to satisfy your request which is taking longer than anticipated.”
8. The complainant requested an internal review on 25 June 2019.
9. To date, the complainant has not received a response to his request for information.
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Reference: FS50856735
Scope of the case
10. The complainant contacted the Commissioner on 7 July 2019 to complain about the way his request for information had been handled.
11. The Commissioner has considered whether the Trust dealt with the request in accordance with its obligations under section 10(1) of the FOIA.
Reasons for decision
Section 10 – time for compliance
12. Section 1(1) of FOIA states any person making a request is entitled to be told whether the information they have asked for is held and, if so, to have that information communicated to them, subject to the application of any exemptions that are appropriate.
13. Section 10(1) states that a public authority shall respond to information requests promptly and in any event no later than 20 working days from receipt.
14. The request was made on 8 May 2019 and a response should have been provided no later than 6 June 2019.
15. On 20 July 2019, the Commissioner wrote to the Trust advising it to respond to the request within 10 working days. She provided the Trust with a link to the request on the WhatDoTheyKnow website and asked the Trust to state in its response whether or not the requested information was held and, if held, to either provide the information or issue a refusal notice in accordance with the requirements of section 17 of the FOIA. She also provided links to her Guide to Freedom of Information, and guidance issued in respect of the time in which a response to a request for information should be provided.
16. On 3 August 2019, the complainant confirmed to the Commissioner that he has still not received a response to the request.
17. To date, the Trust has not provided a response to the complainant. It is clear to the Commissioner that, in this case, the Trust has failed to respond to the request in accordance with the legislation. The Commissioner therefore finds that the Trust breached section 10(1) of the FOIA in failing to respond to the request within 20 working days.
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Reference: FS50856735
Right of appeal
18. Either party has the right to appeal against this decision notice to the First-tier Tribunal (Information Rights). Information about the appeals process may be obtained from:
First-tier Tribunal (Information Rights) GRC & GRP Tribunals,
PO Box 9300,
LEICESTER,
LE1 8DJ
Tel: 0300 1234504
Fax: 0870 739 5836
Email: [email address]
Website: www.justice.gov.uk/tribunals/general-reg... chamber
19. If you wish to appeal against a decision notice, you can obtain information on how to appeal along with the relevant forms from the Information Tribunal website.
20. Any Notice of Appeal should be served on the Tribunal within 28 (calendar) days of the date on which this decision notice is sent.
Signed
Pamela Clements
Group Manager
Information Commissioner’s Office Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
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Sara Wright left an annotation ()

Not wanting to preempt the outcome of this, but I assume you have seen the response to this request? You might, eventually get a copy of the contract, but I suspect the Trust will claim they do not have details of any enforcement notices issued. https://www.whatdotheyknow.com/request/s...

United Lincolnshire Hospitals NHS Trust

2 Attachments

Dear Mr Barker

Please find attached our response to your FOI, with apologies for the time
that it has taken to provide you with a response.

 

 

 

 

Dear United Lincolnshire Hospitals NHS Trust,

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

I am writing to request an internal review of United Lincolnshire Hospitals NHS Trust's handling of my FOI request 'Please provide information regarding the actions of Total Parking Solutions (TPS) & the contract between the Trust & TPS'.

This is a profoundly unsatisfactory reponse. Not only is it months late & only then provided after the intervention of the ICO but this is not the information that was requested that the Trust holds & should make available for public scrutiny. The contract with TPS is over so there can be no objections to providing a copy. The copy of the invitation to tender will bear little or no resemblance to the actual contract negotiated between the Trust & TPS.

I insist that you provide the information requested without delay.

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