Adaptis Solutions Railway Byelaw s14

Coupon-mad

Their request was made on 24th Jan - so looks like they're just in time in terms of the request.

Interestingly though DVLA say the application was processed on 01 Feb. That means DVLA must have accepted the fact that they were in an ATA when the incident happened, but will not be in one to carry out 'enforcement'. I think I'll complain about this to the DVLA, as at the time they released the data, they weren't in an ATA.

DVLA also confirms "allegation that the terms and conditions of private parking as reasonable cause" - ie not byelaws. They must know POFA doesn't apply, and if they're not using byelaws they can't even bring in Owner liability. So they have to be going for the Driver - and in this case the Reg Keeper isn't the Driver, so they don't have much hope! The Reg Keeper isn't the Owner either, but that's largely irrelevant anyway IMO.

Do this:

https://forums.moneysavingexpert.com/discussion/comment/73923603#Comment_73923603

I think what the DVLA did in your case is something Sir Greg Knight would be interested to hear. When AOS firms are banned temporarily and sanctioned by an ATA, say banned for 3 months from using the KADOE, they are not allowed to get data during the ban, nor get data retrospectively once reinstated (except under certain circs depending on dates).

So why is a firm permanently out in the cold, not in an ATA, not immediately denied KADOE access, then and there, so that pending applications are refused? It's scandalous and indicative of how much the DVLA care (or not) about our data.

louislon

Hi all,

I have received a PCN from Adaptis. It states I am in breach of of the car park terms in accordance with Rail Byelaw 14. I don’t dispute that I parked at Potters Bar station car park.
I have even tried to pay the £60 using both payment options stated in the PCN. The website throws upban error message as dies the automated telephone payment option.

Is this all a scam .Any ideas on what I should do .

Thanks

Timothea

Yes, it is a scam. Read the NEWBIES sticky thread. Don't pay the scammers. If you need any more help, start your own thread.

Fruitcake

financerulez wrote: »

I'm looking for the specific part of POFA 2012 (or other legislation) that states that having an independent appeals system is a requirement of anyone who accesses DVLA info. I'm sure I read that's the case. I want to lambast the DVLA for giving my info out, knowing that this would not be the case as it's a byelaw case, and POPLA won't hear it.

I don't believe the POFA 2012, or the DVLA Kadoe contract stipulate that a PPC must offer an independent appeals service.

However, the BPA CoP does, and the ADR Act 2012 says it must be available for not less than one year.

As for the DVLA giving out your data, I believe the Kadoe contract states a PPC must be a member of an ATA when they request data. Unfortunately I can't find anything that says the DVLA can't give that data after the PPC ceases to be an ATA member.

However, this bit is interesting.

A6. Membership of an Accredited Trade Association

A6.1. The Customer shall at all times be a member of a DVLA Accredited Trade Association (ATA) and maintain membership of the ATA and comply with the ATA's Code of Practice or Conduct


Could it be interpreted that, at the point the DVLA gave the data, it fell outside the remit of being "at all times?"

Coupon-mad

Well the POFA Schedule 4 'right to keeper liability' was only made available to AOS members once POPLA was up and running. They had to wait till POPLA was 'ready', about a month or so after enactment, IIRC, and only then could they refer to keeper liability.

So, keeper liability is dependent upon an independent appeal stage being offered.

This doesn't really help with a Railways 'fake Byelaws PCN - pay us or else' case.

When giving out data under the KADOE, the DVLA hides behind the excuse of 'reasonable cause' and would say that includes getting the keeper's name in order to enquire as to who was driving, where the enquirer is in an ATA, or is the landowner or TOC themselves.

The 'rules' are as robust as a house of cards, it seems to us here. Whoever allowed DVLA data to be given out, ten years ago(ish) should be downright ashamed of their anti-consumer decision.

twhitehousescat

it seems the BPA are not very happy with this lot

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

Suspended by DVLA from 05/01/15 to 12/01/2015

Disappeared from the BPA in 2018.
PPC leave ATA: 25 Jan



last fling at exploitation?

as this company is effectively "paypoint" , you may now decide to pay bills etc via another company

http://www.blackburn.gov.uk/Pages/Paypoint.aspx

financerulez

Fruitcake wrote: »

I don't believe the POFA 2012, or the DVLA Kadoe contract stipulate that a PPC must offer an independent appeals service.

However, the BPA CoP does, and the ADR Act 2012 says it must be available for not less than one year.

As for the DVLA giving out your data, I believe the Kadoe contract states a PPC must be a member of an ATA when they request data. Unfortunately I can't find anything that says the DVLA can't give that data after the PPC ceases to be an ATA member.

However, this bit is interesting.

A6. Membership of an Accredited Trade Association

A6.1. The Customer shall at all times be a member of a DVLA Accredited Trade Association (ATA) and maintain membership of the ATA and comply with the ATA's Code of Practice or Conduct


Could it be interpreted that, at the point the DVLA gave the data, it fell outside the remit of being "at all times?"

Trouble is the application was V888/3 rather than KADOE. I think the principle should transfer across though, that a PPC needs to be in an ATA at all times for the same reasons as above.

Have asked DVLA for clarification on what their policy is!

LIz

Hi. Have you tried getting onto their web address for making a representation against the PCN? Because I don't believe this works either.

I've recently had a PCN from Adaptis too. What's more I paid the parking fee at the time (I only used the park by phone facility because their machine was out of order) and I have the proof in the form of text messages from DashPark. HOWEVER - the web address in the letter, which is stated to be the only way of making a representation, comes up with "service unavailable". I have emailed their info email address, their customer services address and I have telephoned them, because I want to make a representation....

I plan to keep on with this and refer to the Financial Conduct Authority if I continue to get no response.

twhitehousescat

you should realy start your own thread


as adaptis were presumably members of the BPA when they issued the ticket . why not complain to the BPA , that you are being denied an appeal

and the DVLA , EVERY company that gets info for parking events MUST offer an appeal service

financerulez

Update

Nothing back from Adaptis since my appeal.

Now considering a claim against DVLA.

I wrote to them asking about their procedures and why they released my data and they confirmed "all car parking enforcement companies who require data from the DVLA must be members of an Approved Operator Scheme. Members of this scheme must adhere to a code of practice for the operation of their company. I have checked on the BPA list of members and Adaptis are still shown as members. We have not been notified that they have left the scheme."

Unfortunately for the DVLA, I had already written to the BPA who confirmed 3 weeks earlier that Adaptis left the membership on 25th Jan. DVLA didn't process this application until 01 Feb. Note they also aren't on the online BPA membership list of Approved Operators (and haven't been since Jan), so that bit is just a bare-faced lie.

I've replied informing them of my confirmation from the BPA, and asked what the DVLA are going to do about their mistake here, especially now I am probably going to be harassed from Adaptis for the next few months. (They also confirmed all the correct checks had been done in my case, so that was clearly a lie too.)

My question is, do I have any claim against the DVLA and what sort of process should I follow to pursue that?