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  • FIRST POST
    • AH16
    • By AH16 21st Sep 16, 5:57 PM
    • 2Posts
    • 0Thanks
    AH16
    Adaptis Parking Enforcement Notice to Keeper
    • #1
    • 21st Sep 16, 5:57 PM
    Adaptis Parking Enforcement Notice to Keeper 21st Sep 16 at 5:57 PM
    Hi all

    I recently received three (yes three!) "Parking Enforcement Notice to Keeper" from Adaptis Solutions and wanted some help in how to progress. The dates of the incidents are 24 August, 30 August and 2 September and the date of posting of the notice for all three is the 14 September.

    I have read through the newbies section but just wanted some further advice. The ticket is from a train station car park via an ANPR and so no ticket was given. You appeal via dashpark online. From what I have seen of a similar post and the forum is that the NTK is incorrect as The Notice to Keeper failed to meet the obligations of Schedule 4 of the POFA Act 2012. :

    Two out of the three notices have been posted more than 14 days after the date of the alleged offence (all dates are written on the NTK).

    It does not specify the period of parking their "invoice" relates to (there is 20 mins free parking at the car park) but merely gives a single time and date the incident took place at.

    I have seen that I am not obligated to identify the driver of the vehicle at the time of the alleged incident.

    Couple of other points :

    The NTK does not specify any evidence, should I request this?

    The parking fee at the time of the alleged incident would be 7. Should I also appeal on the grounds of GPEOL?

    I have parked on other occasions at this car park and paid via the dashpark app. This app also indicates that my account is up to date and there is no outstanding claims which does not make sense.

    Any help as to how to progress will be appreciated.

    Thanks
Page 1
    • Fruitcake
    • By Fruitcake 21st Sep 16, 6:15 PM
    • 35,413 Posts
    • 71,429 Thanks
    Fruitcake
    • #2
    • 21st Sep 16, 6:15 PM
    • #2
    • 21st Sep 16, 6:15 PM
    Just make the initial appeal using the BPA template in blue from the NEWBIES thread, one appeal for each ticket.
    You can add a point for two of the NTKs that they fail to meet the requirements of POFA 2012, but be careful not to reveal who was driving. If the third arrived after 14 days, then add the same point to that one as well. It doesn't matter when it was posted, if it arrived late then you say so.

    If Byelaws apply to the car park, then you can add that point as well stating it is not relevant land and therefore the keeper cannot be held liable. Again, make sure you don't reveal who was driving.

    GPEOL is a dead duck. If/when you get to the PoPLA stage there are many points to use that should win, GPEOL is no longer one of them.
    Last edited by Fruitcake; 21-09-2016 at 6:17 PM.
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    • AH16
    • By AH16 22nd Sep 16, 10:20 AM
    • 2 Posts
    • 0 Thanks
    AH16
    • #3
    • 22nd Sep 16, 10:20 AM
    • #3
    • 22nd Sep 16, 10:20 AM
    Thank you for your reply. I will use the BPA template.

    I also double checked the signage at the car park this morning and on the ticket I received it states that the cost increases to 100 if not paid within 14 days while the signs at the car park state that it is 85. Not sure if that is something else I should mention.

    Thank you again for your help
    • Coupon-mad
    • By Coupon-mad 22nd Sep 16, 12:27 PM
    • 38,201 Posts
    • 49,663 Thanks
    Coupon-mad
    • #4
    • 22nd Sep 16, 12:27 PM
    • #4
    • 22nd Sep 16, 12:27 PM
    Thank you for your reply. I will use the BPA template.

    I also double checked the signage at the car park this morning and on the ticket I received it states that the cost increases to 100 if not paid within 14 days while the signs at the car park state that it is 85. Not sure if that is something else I should mention.
    Originally posted by AH16
    I would save that silver bullet for POPLA stage!!
    PCN in a private car park in England/Wales? DON'T PAY IT BUT DO NOT IGNORE IT

    USE THE 'FORUM JUMP' ON RIGHT, GO TO THE PARKING TICKETS FORUM. READ THE 'NEWBIES' THREAD.
    Do NOT read old advice to ignore, unless in Scotland/NI.

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