Adaptis Parking Enforcement Notice to Keeper

pappa_golf

very close to out bluffing them

as we know the PPC cannot hand data to a TOC , however I would guess they could leave a peice of paper on theor desk with your info on for them to see!

a TOC must take you to court within 6mths (26 week) , your cases are now :
24 August,Week 34 2016 20 weeks
30 August Week 35 2016 19 weeks
2 September Week 35 2016 19 weeks

taking into account that POPLa might take 3-4 weeks to adjudicate , and even if you lost , you would be allowed 4 weeks to pay

they are sord of knackered if you say no

if they insist on court , its a no go as its bylaw land

Coupon-mad

Get rid of point #5 as 'no loss' doesn't work at all.

Add to your point #2 the fact that the NTKs were served well after day 14 (in the 2 cases where they were).

You can replace point #5 with the template appeal point from post #3 of the NEWBIES thread, that the operator has not shown that the appellant is the individual liable. Which if anyone, is the owner (under Railway Byelaws) and the owner has not been identified and would not be reasonably assumed to be the keeper or indeed, even the driver.

Furthermore, the Notice to Keeper and the signage display a different amount for the parking charge for both the initial charge and the discounted amount (£85 and £50 on the signage compared to £100 and £60 on the NTK).

Wow! When this is all over, when you have won at POPLA, you can either choose to complain to the BPA and DVLA about this - and/or there seems to bee scope here to argue and claim £250 or more, for a DPA breach.

The Operator obtained your data from the DVLA too late and tried to claim more than the contract on signage even allowed, breaching the KADOE contract and the BPA CoP, thereby having no 'reasonable cause' to obtain or process the data for this purpose.

AH16

Coupon-mad wrote: »

Get rid of point #5 as 'no loss' doesn't work at all.

Add to your point #2 the fact that the NTKs were served well after day 14 (in the 2 cases where they were).

You can replace point #5 with the template appeal point from post #3 of the NEWBIES thread, that the operator has not shown that the appellant is the individual liable. Which if anyone, is the owner (under Railway Byelaws) and the owner has not been identified and would not be reasonably assumed to be the keeper or indeed, even the driver.

Wow! When this is all over, when you have won at POPLA, you can either choose to complain to the BPA and DVLA about this - and/or there seems to bee scope here to argue and claim £250 or more, for a DPA breach.

The Operator obtained your data from the DVLA too late and tried to claim more than the contract on signage even allowed, breaching the KADOE contract and the BPA CoP, thereby having no 'reasonable cause' to obtain or process the data for this purpose.

Thank you. Will replace point #5 as per above and submit the appeal. All your other points have also been noted. Many Thanks

AH16

I have received an email from POPLA saying that Adaptis have presented a case file and that I have to contact Adaptis directly for my copy which I have done. Hopefully I receive this asap as I only have 7 days to respond.

Coupon-mad

Email POPLA back and tell them you have not seen the evidence pack and to stop the clock until you do.

And email Adaptis for it, give them a prod.

AH16

I have found the response on the POPLA website. Should I post this to this thread?

Umkomaas

AH16 wrote: »

I have found the response on the POPLA website. Should I post this to this thread?

Yes. It can be checked over and any suggestions for response(s) can be given to you.

AH16

The comments are as follows:

"The notice to Keeper states the date and time of when the offence took place.
The total duration of parking was 10 hours and 56 minutes. Please see below images of vehicle entering and exiting the car park.
This vehicle was involved in the following breach of the car park terms in accordance with Rail Byelaw 14.
By entering the car park you have agreed and are contracted to be legally bound by those terms and conditions.
The above incident took place in Govia Thameslink Railway car park: Bedford Train Station Car Park on 02 September 2016 at 18:41

We have also attached signage which customers are required to check on details on how to pay for parking. If customers are unable to read the signage from their vehicle, they are advised to read the signage within a shorter distance.

If customers are unable to locate the signage, it is their responsibility to find this within the car park. In this location the signage is situation in a near distance to the payment machines.
As stated in the BPA Code of Practice:
The Notice to Keeper serves three purposes:
• it invites the keeper to pay the unpaid parking charge
• if the keeper was not the driver it invites the keeper
to tell you who the driver was, and
• it starts the 28-day time period after which the keeper
may become liable to pay the unpaid parking charge.
If the keeper does not reply within 28 days, or refuses to
give enough details about the driver, under Schedule 4 of
POFA 2012 you are able to pursue the keeper for the
unpaid parking charge.

Please see attached part of the landowner agreement to show the relationship between both parties (Adaptis Solutions and Govia Thameslink Railway), signage located near the payment machines within the car park and his original appeal which he submitted to us. We have also attached email evidence of our response to his appeal."

They have stated the wrong station in the appeal and I am not able to see any attachments that they have suggested. I am still waiting for Adaptis to respond to me with the evidence pack.

AH16

I received the pack from Adaptis. It contains the same as above and the photos of the vehicle entering the car park and leaving the car park. It also has a time line of their records of events but it does not have any other attachments as they state they have sent as per above i.e. the landowner agreement.

Please can you let me know any suggestions for a response.

Thanks

Castle

AH16 wrote: »

I received the pack from Adaptis. It contains the same as above and the photos of the vehicle entering the car park and leaving the car park. It also has a time line of their records of events but it does not have any other attachments as they state they have sent as per above i.e. the landowner agreement.

Please can you let me know any suggestions for a response.

Thanks

Contact POPLA ASAP and give them a list of the missing attachments/documents and instruct them to stop the clock until the missing attachments/documents are received by you.