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Adaptis Solutions Railway Byelaw s14

Hi all

I'm the keeper of a vehicle that has received an enforcement notice through the post. The company is Adaptis Solutions Ltd. Have searched the forum for them, but there's not a huge amount about them. Their website doesn't work, and they aren't on either of the BPA or IPC lists as far as I can see. They have traced me as keeper of the vehicle through the DVLA though, so I thought that meant they had to belong to one of those organisations.

As keeper, I've received this notice asking for £60 or £100 if not paid within 14 days. Whoever drove the car that day either forgot to pay for parking through the dash app, did pay through the app and there's been a mistake in the system somewhere, or the dash app wasn't working as it often isn't. From reading the forums, it seems the reason is largely irrelevant.

Anyway, it's an enforcement notice to the keeper, for a breach of the car park terms in accordance with Railway Byelaw s.14 Nonpayment of parking fee. Have done some reading and understand that they won't be able to enforce this as only the TOC can enforce a byelaw breach, and that must be within 6 months. With that in mind I have a few more questions:
1. If I appeal, will Adaptis not just pass my info over to the TOC, especially if I let on that I know the law in this area?
2. It seems to me there are a variety of data protection violations. These are well summarised here: parking cowboys .co.uk/2017-01-railway-byelaws-data-protection-act/
3. How do the DVLA even justify releasing the information to Adaptis is the first place? DVLA must know the law, and if they know that only the TOC can enforce byelaws, why are they giving data out to non-TOC companies?

My aim is to run down the clock on the 6 months. My first port of call seems to be to launch an appeal with Adaptis after around 25 days. I can ask for a POPLA number, but if they don't belong to either association, will they give me one? I've also heard recently POPLA have stopped hearing cases now? Surely there has to be some form of independent panel or ADR? What will my steps following an internal appeal be, if they aren't association members?

I've read around a bit, and the newbies thread, and searched Adaptis etc, but as there's not much on them and I can't find them on the lists, and POPLA seems to be in a volatile period, would love some help and advice! Will post draft replies and timeframes on here before acting I think!

Thanks all!
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Comments

  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    Combo Breaker First Post
    you cannot appeal , this is a NON parking co with no trade assoc

    https://bmpa.zendesk.com/hc/en-us/articles/203570282-Adaptis-Solutions-Ltd

    do nothing , run the 6 mths out
    Save a Rachael

    buy a share in crapita
  • Hockey27
    Hockey27 Posts: 87 Forumite
    This is how my first post should have read as my situation is very similar, I jumped the gun a little before doing all my research, but yes, you are on the right "track" so to speak! The team on here have been incredibly helpful in pointing out what you need to do, Honourable mention to PG above who has offered lots of advice and pointed me in the right direction along the way.

    As to your 3 points

    1) From research and information given they are not allowed to do this, it would be a definite breach of DP, you will need to check if the TOC are set up to get your details from the DVLA. However there is information out there that suggests a VRM can constitute private data so in theory they cannot hand this over either.
    2) In before the rest - yes, this is what they do day in day out with seeming impunity!
    3) All advice from the forum is to contact the DVLA (david.dunford@dvla.gsi.gov.uk) and ask (free to do) when your data was accessed, by who, and what reason was given. Once you have the reply you can take it from there. With specific regard to a byelaw issue, if they are claiming Byelaw but get details from the DVLA its more ammo against them to try and get this practice stopped.

    As PG has said to me a few times, 6 months is your window, put it in the calendar and start playing letter tennis!!

    On the POPLA front I think its just waded in to the unknown as they have suspended decisions for Indigo and all! This could mean that all tickets would be cancelled by default but chances are they will continue to chase!

    Again, as PG says, ignore as they are not part of a trade organisation!
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    Combo Breaker First Post
    edited 7 February 2018 at 8:49AM
    from memory there are 6 groups of companies that can get info from the dvla , most people think its just parking companies

    the others are financial and credit type companies and local counsils etc

    this company is park of VW financial services , and indeed I can see an entry on the kodoe volumes for this company

    vw.jpg
    image uploader


    it does however state "finance" , so it makes me wonder how or what they wrote on the dvla request

    the op may want to send a email to the dvla , with his/her full name /address , vrn number and approx dates they think there data was accessed

    SubjectAccess.Requests@dvla.gsi.gov.uk

    Adaptis Solutions have been banned from DVLA access in the past (Suspended by DVLA from 05/01/15 to 12/01/2015 ) so they are not new to being "naughty"

    they do not seem to appear on the CSA list of members
    Save a Rachael

    buy a share in crapita
  • System
    System Posts: 178,093 Community Admin
    Photogenic Name Dropper First Post
    +1 for PG's suggestion

    and an extra +1 for Hockey27's pun
    you are on the right "track" so to speak!
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    Combo Breaker First Post
    just a quick edit here

    adaptis systems is also a trading name of NCP , its there "dash" parking system , link goes to https://ukparking.dashcardservices.com/dashtube/client/_content.aspx?t=10


    perhaps the OP can give us the company number and full address from the letter they have
    Save a Rachael

    buy a share in crapita
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    Combo Breaker First Post
    +1 for PG's suggestion

    and an extra +1 for Hockey27's pun


    umm , updated now
    Save a Rachael

    buy a share in crapita
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    Combo Breaker First Post
    however the tangled web of buisnesses , as you can see fom the above site it links to NCP , but when you strip there site back , this page pops up

    https://ukparking.dashcardservices.com/dash/_public/privacypolicy/uk.htm

    if you get the address and follow it back to companies house , it takes you back to the original adaptis sys
    Save a Rachael

    buy a share in crapita
  • System
    System Posts: 178,093 Community Admin
    Photogenic Name Dropper First Post
    Which is why you ask the DVLA.
  • Castle
    Castle Posts: 4,194 Forumite
    First Anniversary Name Dropper First Post
    pappa_golf wrote: »
    from memory there are 6 groups of companies that can get info from the dvla , most people think its just parking companies

    the others are financial and credit type companies and local counsils etc

    this company is park of VW financial services , and indeed I can see an entry on the kodoe volumes for this company
    Adaptis Solutions Ltd are 100% owned by Volkswagen Financial Services AG, (the German parent company); and therefore, they are not part of VW Financial Services UK Ltd.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    Combo Breaker First Post
    yes I have that link and the address

    and the company comes up as https://beta.companieshouse.gov.uk/company/05106124 05106124 note address

    and then you go to dashpark , same address ?

    sounds like this lot are issuing parking charge notices without being in a ATA

    I think we need the company number and name to continue
    Save a Rachael

    buy a share in crapita
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