Employer giving NCP home address details?

[simon4amiee]

Quick questions, is an employer within their rights to hand over your address details to the NCP. NCP have a contract with the organisation staff work for. When the staff get a ticket they soon get letters through the door of thier homes chasing them for payment etc. Surely this cannot be right but gut feeling it probably is.

[esmerobbo]

No its not if they are issuing charge notices they should be doing it through the DVLA. Unless you have agreed to the company releasing your details. Do you have a permit system?

[simon4amiee]

yes we have a permit systsem but i cant find anything on the T&C anywhere

[ericsbrother]

Then they dont have tht right. It has to be a consent or part of your employment/parking terms and it wont be in your employment contract. Ask your HR what is going on and if they wont tell you and you have had correspondence from NCP then contact the DVLA to ascertain if anyone has looked your vehicle reg on their database recently. This will answer the question as to where the info comes from.

[SURFBOY]

If you have to apply for a permit then NCP will allready have all your details, surely?

[simon4amiee]

We have an internal forum, and many have asked on there how NCP are getting access to home addresses and the threads keep getting deleted with no comments, yet the trust still reply to other questions, very odd.Terms and ConditionsIn participating in this offer you are agreeing to a change to your terms and conditions ofemployment. In exchange for having a car parking permit, you give up an amount of your salary eachpay period (before employee deductions), to cover the costs incurred by XXXXXXXXXXXXXX in providing it to you.THE CHANGES TO YOUR EMPLOYMENT TERMS AND CONDITIONSDEFINITIONS“Agreement” means this Agreement which incorporates these terms and conditions;“Period” means the duration of the Benefit period as stated in this Agreement;“Permit” means the car parking permit listed in this Agreement to be acquired by you;“We” and “Our” means XXXXXXXXXXXXXX;“You” and “Your” means an employee of XXXXXXXXXXXXXXacquiring the Permits as identified in this Agreement.1. ORDERING, DELIVERY AND COLLECTION1.1 ORDERINGThe permit will be ordered following the placing of your application and consequent Agreement ofyou to these terms and conditions.)1.2 COLLECTION TIMEAll collections are Monday to Friday (excluding Public Holidays) and will be published on the TrustIntranet. If you have any queries please email: xxxxxxxx1.3 PLACE OF DELIVERY & CHANGE OF ADDRESSThe permit will be available for collection from either Car Parking Office on CHH or HRI.1.4 CONFIRMATION AND COLLECTIONAt the time the permit is collected, you will be required to confirm all details displayed on the permitare correct.1.5 DELAYS IN DELIVERY OR COLLECTIONWe will not be liable for any delay in delivering the permit to you or for failing to have the permitavailable if that delay or failure is due to any event or circumstance beyond our reasonable control.This includes where we cannot get supplies of the permit. If we are unable to obtain the permit, wewill let you know, and we or you may cancel this Agreement, without any party having furtherliability to the other.2. ADJUSTMENT TO YOUR PAY2.1 SALARY EXCHANGEYou hereby agree that your gross salary will change and be reduced until such time as you or theTrust choose to cancel this Agreement. This Agreement shall be taken to be a statement of thechange to your employment particulars, as required by Section 4 of the Employment Rights Act 1996and that your employment remuneration will include the provision of the permit to you. By tickingthe box to signify your agreement to these terms and conditions you should be aware that youwaive your rights to automatically return to your original salary at the end of the Period.2.2 MATERNITY, ADOPTION, ADDITIONAL PATERNITY LEAVE AND LONG TERM SICKIf you have a period of unpaid leave, for example unpaid maternity or sick leave; payments willcontinue to be taken until such time as they are cancelled or can no longer be taken.2.3 OTHER EMPLOYMENT BENEFITSThis Agreement may affect those benefits linked to salary such as pensions, maternity, paternity,sickness pay. Please refer to the FAQ section on the website.3. TERMINATION OF THIS AGREEMENTThis Agreement is terminated if:(a) You leave our employment, for any reason whatsoever, or(b) This Agreement has run its full term,© You no longer wish to pay for the Permit via salary sacrifice,(d) You no longer require this Permit.3.1 CANCELLATION OF THE PERMITOn cancellation of the permit the permit must be surrendered at a Trust Car Parking Office. Failure do so may result in an administration charge being levied.4. YOUR GENERAL OBLIGATIONS4.1 PERMITTED USE OF THE PERMITThe permit can only be used when displayed in vehicles registered to the user and listed on the permit.4.2 CARE OF THE PERMITYou must take reasonable care and use the permit properly and safely. If the permit is lost areplacement will be provided following the payment of the currently applicable fee.4.3 PERMITTED ALTERATION OF THE PERMITThere are no permitted alterations of the permit. Any changes must be requested as a replacement permit.4.4 THIRD PARTY RIGHTSA person who is not a party to this Agreement has no right under the Contracts (Right of Third Parties) Act 1999 to enforce any term of this Agreement. However, we reserve the right to appoint any agent(s) to act on our behalf in respect to enforcing this Agreement.4.5 WAIVERAny waiver or indulgence by us or failure by us to enforce our rights (whether by oversight or otherwise) shall not affect our right to rely subsequently on any other term(s) of this Agreement.4.6 LAWThis Agreement is governed by English law and the parties submit to the exclusive jurisdiction of the English CourtsBy signing below, I signify my understanding and acceptance of the terms and conditionsset out above and I agree to a variation of my terms and conditions of employment.SignaturePrint NameDate of signatureNCP PARKING TERMSPARKING PERMITS TERMS AND CONDITIONSIt is the motorist’s responsibility to park safely and without prejudice to the operational functions of thehospital and, in compliance with these terms and conditions. The provision and effective management of carparking is critical to ensure access to the hospital sites is maintained.The Trust reserves the right to withdraw, or not issue, parking permits where these terms and conditions arebreached. Examples of breaches include, but are not limited to: –• Causing an obstruction or hazard that is a risk to safety e.g. blocking exits, obstructing other motorists’view, parking on or near a pedestrian crossing, parking on footpaths• Causing an obstruction or hazard that impedes service delivery e.g. service vehicles unable to accessdelivery/collection points• Parking in a patient/visitor area or disabled space (without a blue badge)• Speeding on site• Parking without due consideration for other users e.g. across 2 parking bays• Repeated failure to display a valid permit clearly in the vehicle• Allowing the use of the permit in a non-designated vehicle• Use of a non-valid permit e.g. out of date permit.The issue, use and return of permits -• One permit per person• Valid for the designated vehicles only (maximum 2 vehicles) and non-transferrable.• The valid permit must be displayed clearly in the vehicle• Only permits issued by the Trust (or authorised contractor) are valid. Permits must not be altered,photocopied or reproduced.• Other notes/documents displayed by the user are not an acceptable substitute for a valid permit.• Permits must be surrendered to the Car Parking Office on ceasing employment/working at the Trust orwhen the permit is no longer required. Penalty Charge Notices will be issued where a non-valid permitis displayed). Written applications to cease payment must be made to the Car Parking Department,enclosing the permit, before notification is passed to Payroll.• Old permits must be returned when applications are made for renewal/replacement permits. A newpermit must be obtained when the main vehicle is changed. There will be a service charge where theoriginal permit is not surrendered or for the issue of a replacement.A permit is not a guarantee of a parking space.It is the responsibility of the individual to notify the Car Parking Office of changes to contact details.Applications are made on the understanding that changes to car parking rates will be applied automatically andcommunicated by the normal channels of newsletter, global email etc. Charges are made for full months only.Charges will be reviewed annually by payroll to ensure staff pay the appropriate charge.EmployeeAs at September 2013 charges are:Salary Monthly ChargeUp to £21,000 £7£21,000 - £40,000 £10£40,000 and above £15Charges for part time staff are pro rata.Non-Employee Charges£15 Per MonthDisabled Parking BaysClearly marked bays exist on each site for Blue Badge holders only. Employees using these facilities mustdisplay a valid staff permit in conjunction with a Blue Badge.Driving on Trust Sites and Speed LimitsDrivers must comply with the indicated site speed limits. Motorists should observe the rules of theHighway Code when driving through or manoeuvring on Trust sites.Yellow Lines/Red Lines/Cross Hatching/Grassed areas and FootpathsEmergency vehicles attending sites must always be guaranteed unobstructed access. Yellow/Red lines andcross hatching to indicate areas that cannot be used for stopping. Drivers must not stop or park their vehiclein these areas. Parking on grassed areas or footpaths is strictly prohibited.Fire ExitsUnder no circumstances are vehicles allowed to obstruct or block fire exits.On Call BaysThe use of on call bays is for emergency on call only. The bay must be vacated and the vehicle moved to anormal parking space once the emergency has been dealt with.Parking Charge NoticesParking Charge Notices (PCN) will be issued where there has been a breach to the Trust’s parking terms andconditions. Any queries or appeals concerning PCNs should be directed to the address given on the notice.Trust staff are not empowered to sanction their withdrawal. Non-payment of PCNs will be pursued and iscourt enforceable.Management of Car Parks and TrafficThe management of parking and traffic is contracted out to a third party provider who acts on the Trust’sbehalf in enforcing parking terms and conditions. Car park users should respect this partnership by followinginstruction and advice where this is appropriately given, and to treat the contractor’s staff with respect.Abusive behaviour will not be tolerated.Civil Enforcement shall be issued to all vehicles parked in contravention of any parking restrictions and/orpayment requirements.EnforcementBreach of these Terms and Conditions will be subject to the following enforcement and charges:-• First Breach - a warning notice will be applied to the vehicle and a record filed on the vehicledatabase.• Second Breach - a Parking Charge Notice (PCN) will be issued for payment as stated on the PCN.Details are recorded on the vehicle database.• Third and Subsequent Breaches - a PCN will be issued. In addition, the Trust reserves the right towithdraw or suspend parking rights from anyone who persistently breaches parking terms andconditions.Staff may be subject to disciplinary action as appropriate where there have been persistent and/or seriousbreaches of the terms and conditions, including the fraudulent use of permits.These Terms and Conditions shall apply without exception to all users of the Trust parking facilities androadways provided and maintained by the Trust.These car parking terms and conditions are subject to change. A full, up to date version can be found on theCar Parking intranet site.

[DBC]

What a lost of text to take in. A few paragraphs would be appreciated.

[ericsbrother]

Nothing inn there that entitled your employer to hand over your details, in fact they expressly disallow third party interest and then say they are giving all management rights to the third party. I find this peculiar, not from an enforcement point but as they are charging a different levy for different salary bands it represents a tax rather than a service charge, which is then an unenforceable contract.

I might have known it was a hospital trust as they are the only employers in the country that manage to screw up the staff parking issue so completely. I also note that they use the threat of disciplinary action for disobeying the demands of the third party. Not sure whether that would stick but I wouldnt like to be the martyr to the cause and dont doubt anyone else would either.

If only all the users of kettering general Hospital told the management to eff off when they trialled the charges for parking for very spurious grounds it would have benn dead in the water but people accepted it and now every organisation does the same and it has been accepted without any real complaint ever since.

I campaigned against parking charges at my university for being against the university's charter and that held them at bay for a while but the powers that be changed our conditions of employment and that screwed that particular loophole.