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    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Access to my medical records.


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Guest ian cognito

Just ask your doctor, mine where more than happy to go through mine with me!

 

If they're held at a hospital you need to approach them and it may be a bit more difficult but just because of time constraints (apparently they're busy people)

 

Interestingly, the Doctor who took over from Harold Shipman is launching a website where patients can access their own records on the web! Well done that doctor!!! He's hoping the whole NHS will follow suit.

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Guest ian cognito

Try the Secretary for your consultant, if you don't have a name or number phone the hospital reception and ask for the details first. These people are ever so helpful, especially if you ask for them by name!

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You have no right to access your medical records under the Freedom of Information Act 2000.

 

Any request for your records must be under the Data Protection Act.

 

The fees they can charge are slightly different:

 

If you wish to have a copy of your computer records, the fee is up to £10.

 

If you wish to have a copy of your manual records (either with or without your computer records) the fee is up to £50.

 

If you wish to view the records, they must have been "added to" in the past 60 days, and no fee can be charged*

 

*They will try and charge you a fee if you opt for this. I will give you the info as/when/if you need it.

 

Davjoh

Here to help!

 

Good with employment, disability and welfare/benefit questions :rolleyes:

Just ask!

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Hello

 

I am taking my Consultant to Hospital over a bodged surgery. My Solicitor sent the Hospital and my GP a Subject Access Request for my files. There is a standard cost for the release of this information of £50.00.

Hope that helps.

 

SLINKY

**WON** 09.11.06 MBNA No 2: £1876.28 Credit Card Charges

**WON** 25.10.06 CAPITAL ONE: £656.67 Credit Card Charges

**WON** 19.10.06 ABBEY NATIONAL (4524): £523.43 Bank Charges Claim

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Guest ian cognito

Yes I think tha may be the difference, if you want them to sue or complain, they will make it difficult for you (rather like the banks), if you just want a review, I know my doctor was certainly happy to do it and I spoke to my Dads consultants secretary on many occaisions. Hope you go on ok.

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Guest Battleaxe

You have a right for access to your medical records. you write a letter to the Complaints Manager cc'd to the Cheif Executive of the NHS trust outlining your problem and request a copy of your notes, as simple as that. we did this because of a Consultant trying to pull the GOD syndrome act. hell my husband had cancer and they right botched up his treatment, we got copies of EVERYTHING requested and these were in our hands within 28 working days.

 

Hope this helps.

 

PS I worked in the NHS in Post Graduate Medical Education, so if you want, you can contact me and I will talk you through the process

 

There is no charge for information and they provide us with CD Rom of all xrays, MRI's and CT Scans

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if its medical records from a hospital your after you could always contact the PALS (patient advice liason service) within the hospital. these people are duty bound to act on behalf of patients. They can give you advice on the best route to take in acquiring copies of all your notes. They normally work 9-5 mon-fri and can be contacted via the main hospital switchboard.

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Try PALS or speak to the practice manager of your surgery if the hospital are not forthcoming. The practice though should be in receipt of every discharge letter and outpatient letter resulting from hospital appointments. If the surgery say they aren't in posession it may be more to do with them not keeping the notes than the hospital not sending them in the first place.

 

With regards to Shipman's old practice (mentioned earlier in this thread), the GP who took over that practice felt there may have been some trust issues with the patients and wanted to make sure that the list he inherited knew everything that had been previously recorded - which is fair enough.

 

They use a HIPS portal (Health Information Portal Service), which is a PC that the patient can sit at and view the records. Some other surgeries have this. If not, ask your practice for internet access to your records. My practice have this thing called emis Access which allows me to log in with a password and I can then make appointments, request medication and see my records.

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  • 3 weeks later...

i know this is an old thread but Incase anyone is still reading for advice, Last year i needed to back track my GP records.

You write a letter requesting a viewing to the head of your local clinic. You will be given a date that you can change if inconvenient, you will then sit with another person in a room while you look through your notes, however. The Gp has a right to remove any information that they may feel is disturbing for you:confused: ( pointless). So make sure you ask has any information been removed. Then you ask why and on what grounds did they feel it necessary.

 

The computer system in my clinic started around 2002, so the only records i could see where the ones until that date but the person with me had a PC and also helped me translate writing and medical understanding.

 

You can also while looking through your notes, rip sticky notes an place them on the corner of each note you would like photocopied and they will do this for you before you leave.

 

I hope this helps.

 

I am now looking into legal action against a Neurologist at the BRI so I as yet have no advise on viewing hospital notes, but i see no reason why it should not work along the same lines.

 

BL:)

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Anyone any idea how I go about it. I understand that now, due to the freedom of information act I can do that. Unsure who or how to go about it?. Thanks.

I am on medication for epileptic seizures (which I haven't had in over 10 years) and used to go see the consultant every 6months or so.

 

About 12 years ago, I asked the hospital for access to my records, purely for curiousity. They gave me a form which I filled in and returned. It stated that I only had access to records after 01 Nov 1991. After about 3 weeks, I signed for the delivery of a fat envelope with photocopies of notes, and results of blood tests. They billed me after I had received the package, not in advance, a fee of £10 + VAT.

 

I'd had an MRI scan, and a couple of X-Rays and I didn't receive any info on those at all.

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  • 9 months later...
Just ring the hospital concerned and quote the Data Protection Act but warning they will most likely charge you for seeing them (normally about £10) but they cannot refuse

 

Not entirely accurate. The fees for a SAR under the DPA are different for medical records. The request should be in writing - the trust is entitled to verify the requester's identity (and shouldn't accept a request for confidential data on the phone anyway), it makes the start of the 'deadline clock' clear, and leaves the Trust in no doubt as to what is required.

 

I posted this info on an earlier thread:

 

1. The fee for a medical records S.A.R - (Subject Access Request) is £10 where the records are held electronically and £50 where the records are manual, or a mixture.

 

2. Many NHS Trusts use their own forms for SARs, and they may ask you to complete one of these.

 

3. Dept of Health/NHS policy is to deal with SARs within 21 days, though the Data Protection Act allows up to 40 days.

 

4. The time limit clock starts after they have verified your identity and any fees have been paid.

 

5. The fees aren't mandatory, but are the maximum that can be charged by law.

 

6. If you need your GP records, you will have to submit another S.A.R - (Subject Access Request) to the GP.

 

7. You are not required to give a reason why you want your records.

 

8. Most trusts won't release medical imaging films (e.g. x-rays), unless specifically requested, and they usually have to be returned. However, the reports relating to imaging would be included in a SAR. Realistically, unless the reason for the SAR hinges on imaging, there's probably not much point in having them anyway.

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I agree with the last post - I was manager of a hospital medical records department for 2 years, and everyone seems to be making this much more complicated than it needs to be! The process for getting copies of your medical records from a hospital is quite simple:

 

1) phone the hospital, ask for the medical records department, ask them to send you their form for requesting copies of your records.

2)fill the form in, send it back.

3) as the fee is to cover reasonable costs of photocopying etc., the medical records department should pull your notes, then work out how much they're going to charge you to copy them, up to £50 maximum.

4) they'll write to you asking for payment of whatever amount they've decided to charge you.

5) you send a cheque

6) they cash the cheque, copy your records, and send you the copies via recorded delivery.

 

The medical records department don't care if you're suing the hospital or anyone in it, they're not going to be awkward or obstructive, this is everyday business to them!

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  • 1 year later...

may i ask a supplementay question here please on this subject?

it says on many sites about this that the doctors etc have the right to remove things from your records in case they are injurious to you mental and or physical health, our problem is we are concerned that there are things in our daughters medical records that are actually causing the gp,s etc to have a strange attitude with her and have already said she can see them but may need to remove things, which seems to 1, under mine the whole point of it and 2, what evers in there is effecting the doctors attitude when dealing with her, which is why we need to see whats causing the problem, if you see what we meen? there is some background to all this , which i obviously cant go into here, we all have a history, we all make mistakes and have regrets, but we dont have to be forever labelled surely especially if its unfair and all the relavent info was,nt made available to who ever has acess to the records.

thanks

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If records have been redacted, or certain parts have been withheld because the Trust supplying the records thinks that either there is an exemption or that certain information may be uinjurious, and you disagree, contact the Information Commissioner. They will ceratianly explain all your rights regarding this situation, and will be able to assist in resolution, perhaps via a formal complaint.

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Hi, Doctors fees for medical records (photo copies) are £50 but they dont realy have to charge you anything, its at there disgretion but there not going to turn there nose up at a few pounds are they. xrays and mri are £10 as long as they are digitised normaly xrays are not if they are before 2004 but dont qoute me it depends on the hospital concerned,if you have problems accessing youre records from the hospital you have to speak to there legal dept as sometimes its the consultants that give the permission and only after they have removed what they dont want you to see,Not write is it but thats how it is.

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  • 1 month later...

so,does anyone know how far back they can go back with your medical records? if you were born in the sixties could you see your whole medical history back till then?,I always vaguely remember going to the hospital and having some hairnet thing put on my head,they must a been testing my brain or something!! lol,Id love to know what that was for!! lol

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I recently requested by mum's records from our local hospital and her records went right back to her first treatment, over forty years ago. If you want specific information, the hospital should be able to provide you with a Subject Data Access form to complete and you just specify the dates and the type of information you require. I think they can charge you up to £50. Do you not have any family members who recall what the hairnet was all about?

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taskmaster is correct - the access to medical records legislation is not completely in line with the data protection act as they are allowed to withold information and they dont even have to tell you if they have witheld any information

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Access to your medical records falls under the standard Data Protection Act. It would be unusual to be refused access to your data - although I do remember reading something where they can withhold information if it is likely to cause you mental distress or involve a third party who has not given consent. The more likely reason for not getting hold of your data is that the records have been mislaid/lost. Just think, once the NHS have computerised the data, we may all get the opportunity of reading each other's personal medical information without even having to ask. Be brave Citizenkain. Talk to your mum! It'll be cheaper and quicker.

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