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  • FIRST POST
    • financerulez
    • By financerulez 7th Feb 18, 5:24 AM
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    financerulez
    Adaptis Solutions Railway Byelaw s14
    • #1
    • 7th Feb 18, 5:24 AM
    Adaptis Solutions Railway Byelaw s14 7th Feb 18 at 5:24 AM
    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!
Page 1
    • pappa golf
    • By pappa golf 7th Feb 18, 6:43 AM
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    • #2
    • 7th Feb 18, 6:43 AM
    • #2
    • 7th Feb 18, 6:43 AM
    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
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    • Hockey27
    • By Hockey27 7th Feb 18, 7:20 AM
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    Hockey27
    • #3
    • 7th Feb 18, 7:20 AM
    • #3
    • 7th Feb 18, 7:20 AM
    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
    • By pappa golf 7th Feb 18, 7:36 AM
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    • #4
    • 7th Feb 18, 7:36 AM
    • #4
    • 7th Feb 18, 7:36 AM
    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


    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
    Last edited by pappa golf; 07-02-2018 at 7:49 AM.
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    • IamEmanresu
    • By IamEmanresu 7th Feb 18, 9:53 AM
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    IamEmanresu
    • #5
    • 7th Feb 18, 9:53 AM
    • #5
    • 7th Feb 18, 9:53 AM
    +1 for PG's suggestion

    and an extra +1 for Hockey27's pun

    you are on the right "track" so to speak!
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • pappa golf
    • By pappa golf 7th Feb 18, 9:53 AM
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    pappa golf
    • #6
    • 7th Feb 18, 9:53 AM
    • #6
    • 7th Feb 18, 9:53 AM
    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
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    • pappa golf
    • By pappa golf 7th Feb 18, 9:54 AM
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    pappa golf
    • #7
    • 7th Feb 18, 9:54 AM
    • #7
    • 7th Feb 18, 9:54 AM
    +1 for PG's suggestion

    and an extra +1 for Hockey27's pun
    Originally posted by IamEmanresu

    umm , updated now
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    • pappa golf
    • By pappa golf 7th Feb 18, 10:08 AM
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    • #8
    • 7th Feb 18, 10:08 AM
    • #8
    • 7th Feb 18, 10:08 AM
    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
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    • IamEmanresu
    • By IamEmanresu 7th Feb 18, 10:12 AM
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    IamEmanresu
    • #9
    • 7th Feb 18, 10:12 AM
    • #9
    • 7th Feb 18, 10:12 AM
    Which is why you ask the DVLA.
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • Castle
    • By Castle 7th Feb 18, 10:15 AM
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    Castle
    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
    Originally posted by pappa golf
    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
    • By pappa golf 7th Feb 18, 10:22 AM
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    pappa golf
    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
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    • financerulez
    • By financerulez 7th Feb 18, 7:51 PM
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    financerulez
    Thanks for the replies guys. Interestingly their letter allows keeper to make a representation and even includes info about how they will allow POPLA if they reject! Looks like these guys aren't up to speed (roboclaim). With this in mind I am thinking appeal, and include a load of questions to waste a bit of time.

    Yeah their company setup is very confusing. No company number or address on the letter of course. The representation web address is dashpark. com/gtr and to pay the fine it's gtrpen. com. Not sure if that's any help.

    RE how they persuaded DVLA to hand over data, we might have to wait for a DVLA response. It says Adaptis Solutions subscribe to the DVLA-established Accredited Trade Association scheme through which it manages the release of vehicle data to ensure security. Can they be part of that but not BPA/IPC? All potential questions for my representation, perhaps?

    No mention of Mag Court interestingly, they think its pursuable in County Court. My only concern is that they pass info to Govia Thameslink who take me to Mag Court, but maybe I'm worrying unnecessarily. Do you see many instances of people going there? Could I pay the £100 if I received a mag court summons to avoid it? Do we know for sure whether they are even allowed to pass my info to Govia (the TOC) or whether Govia can legally request it from the DVLA?

    Would photos of the letter help? I will black out all personal info. What is the easiest way to share them?

    Thanks all!
    • financerulez
    • By financerulez 7th Feb 18, 7:54 PM
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    financerulez
    NB re NCP, could it be that Adaptis are on there as a partner or payment collector, as they own dash and dash operate some NCP car parks?
    • pappa golf
    • By pappa golf 7th Feb 18, 7:58 PM
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    pappa golf
    looks like its a mix and match

    adaptis using credit services agency , but appeal thru one of about 30 companies https://ukparking.dashcardservices.com/dash/_public/partners/

    yup get data from dvla , any company that is not in a PARKING ATA cant get a ATA member to get info


    when you hear back from DVLA , update this thread
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    • Coupon-mad
    • By Coupon-mad 7th Feb 18, 7:58 PM
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    Coupon-mad
    Thanks for the replies guys. Interestingly their letter allows keeper to make a representation and even includes info about how they will allow POPLA if they reject! With this in mind I am thinking appeal, and include a load of questions to waste a bit of time.
    Treat them as a BPA member and use the template appeal from the NEWBIES thread, then if a POPLA code materialises, you can win.

    Does the postal PCN call it a PENALTY or a 'parking charge' (contractual)?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • pappa golf
    • By pappa golf 7th Feb 18, 8:00 PM
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    pappa golf
    PS NCP cant pass it to thameslink ,

    if thameslink take you to court , the gov gets money not them so why waste money doing it

    looks like they have found a back door to miss POPLa and relevent land


    update later
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    • Umkomaas
    • By Umkomaas 7th Feb 18, 8:01 PM
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    Umkomaas
    My only concern is that they pass info to Govia Thameslink who take me to Mag Court,
    The DPA should prevent that.

    Do you see many instances of people going there?
    Not for at least 3 years to my recollection (all TOCs).

    Could I pay the £100 if I received a mag court summons to avoid it?
    Running too far ahead of yourself. 99% unlikely to happen. Why employ a private parking company to deal with all the crap, only to take it off their hands due to their failure, to then pursue a Mags Court prosecution, where any fines are not theirs to keep, but simply to hand over the proceeds to the Exchequer? Do the math!

    Too much overthinking.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • KeithP
    • By KeithP 7th Feb 18, 8:05 PM
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    KeithP
    My only concern is that they pass info to Govia Thameslink who take me to Mag Court, but maybe I'm worrying unnecessarily. Do you see many instances of people going there? Could I pay the £100 if I received a mag court summons to avoid it? Do we know for sure whether they are even allowed to pass my info to Govia (the TOC) or whether Govia can legally request it from the DVLA?
    Originally posted by financerulez
    Do not be concerned about that.

    As you say, they cannot pass your data to the train operating company - that is a clear breach of the Data Protection Act.

    Govia can of course make a request to the DVLA. Not quite sure what that request could be since they know nothing and the PPC cannot tell them anything - that includes the car reg no.

    Remember that if, and it's a big if, this went to a magistrates course and you were found guilty, any fine would go straight to the treasury.
    The railway company gets nothing. The PC gets nothing. But both those have incurred substantial cost of bring the case to court for absolutely no return.
    Ask yourself - why would they do that?
    .
    • pappa golf
    • By pappa golf 7th Feb 18, 8:11 PM
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    pappa golf
    adaptis main people seem to be also members of voltswagon finace , cant find vw finance listed

    it looks to be a smoke n mirror settup , wonder if dvla/bpa know
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    • pappa golf
    • By pappa golf 7th Feb 18, 8:13 PM
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    pappa golf
    link is sagoss then passed to ncp if anyone kicks off and wants popla
    Last edited by pappa golf; 07-02-2018 at 8:18 PM.
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