Adaptis Parking Enforcement Notice to Keeper

AH16

After going back and forth, I have finally received what Adaptis now say is the full case file including some photos of signage and the landowner agreement.

Should I upload this to the forum or I can copy and paste if easier as the agreement (not signed) is in work format. Also am I allowed to disclose this on the forum.

Furthermore, I have found a number of wrong details with their case file. Please let me know if I should list these here.

Thanks

twhitehousescat

you have seen this http://forums.moneysavingexpert.com/showpost.php?p=72010863&postcount=1

lets hope you used the same reasoning

AH16

I hope so..please can anyone guide me on how to respond to POPLA. This would be greatly appreciated.

Coupon-mad

People do post links to case files, there is no reason why not. You can't upload things here so might be best to host the paperwork in Dropbox and post a broken link by removing the https://www.dropbox.com from the start.

AH16

Please see below link for photos and agreement. Please let me know if this does not work.

https://www.dropbox.com/sh/b9205u1meuz1lne/AACx1I-HzVlXajQXekWA28K5a?dl=0

As mentioned the discrepancies in their case file are wrong station mentioned of where the incident took place, wrong info re entry and exit - they have stated a totally different day/time compared to the NTK issued.

Thanks

Coupon-mad

AH16 wrote: »

Please see below link for photos and agreement. Please let me know if this does not work.

https://www.dropbox.com/sh/b9205u1meuz1lne/AACx1I-HzVlXajQXekWA28K5a?dl=0

As mentioned the discrepancies in their case file are wrong station mentioned of where the incident took place, wrong info re entry and exit - they have stated a totally different day/time compared to the NTK issued.

Thanks

Is your POPLA decision 'on hold' as they are not aware you now have this evidence pack? If not on hold, POPLA will make the decision regardless of what you say. Those photos are awful, you can't read the terms!

But this is amusing and well worth an urgent email to POPLA in case they missed it:

As mentioned the discrepancies in their case file are wrong station mentioned of where the incident took place, wrong info re entry and exit - they have stated a totally different day/time compared to the NTK issued.

Oh, and the fact they have said this about a railway car park (not 'relevant land') deserves a formal complaint to the DVLA:

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.

I would email David Dunford of the DVLA about that statement, once you have won:

david.dunford@dvla.gsi.gov.uk

HTH

AH16

The appeal is on hold. They have given me an extension due to the delay in receiving the full case file.

Apart from the comments above, is there anything else I should be commenting on with regards to the landowner agreement or any other comments they make?

Coupon-mad

I think I would go with what you said already, but also add:

This operator has described the charge as a "Parking Enforcement Notice to Keeper". I consider this to be a misrepresentation of authority as defined in the BPA CoP: “14.1 You must not misrepresent to the public that your parking control and enforcement work is carried out under the statutory powers of the police or any other public authority. You will be breaching the Code if you suggest to the public that you are providing parking enforcement under statutory authority”. 14.2 You must not use terms which imply that parking is being managed, controlled and enforced under statutory authority. This includes using terms such as ‘fine’, ‘penalty’ or ‘penalty charge notice’.” Having considered the use of the word “enforcement”, it is my belief that motorists could mistakenly believe that the parking operator is carrying out enforcement work “under the statutory powers of the police or any other public authority”.

As this is a railway car park it is as a fact of law, not ''relevant land'' whether or not the parking operator uses byelaws or contract law, and this operator has not made it clear either way. They cannot hold a registered keeper liable, whichever type of 'PCN' this is meant to be, yet they have committed a serious BPA CoP breach by stating the following, within the evidence documents:

''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.''

AH16

For the 3 tickets that I received a POPLA code, all 3 appeals were successful. For 2 of them, Adaptis did not provide any evidence.

Thank you to everyone who has helped with this.

Should I contact Adaptis directly regarding the 3 tickets without a POPLA code and ask them to cancel these tickets as well?

Coupon-mad

Yes and use your winning 3 appeals as a stick.

And it's not just about making them go away. Don't forget this:

Quote:

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.

and this:

Quote:

As mentioned the discrepancies in their case file are wrong station mentioned of where the incident took place, wrong info re entry and exit - they have stated a totally different day/time compared to the NTK issued.

Oh, and the fact they have said this about a railway car park (not 'relevant land') deserves a formal complaint to the DVLA:

''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.''

I would email David Dunford of the DVLA about that statement, once you have won:

david.dunford@dvla.gsi.gov.uk

HTH