PPC Railway Byelaws - Civil/Contractual Claim? Options

[FinanceRulez]

I have an interesting one. Penalty Charge NtK received from a company called Adaptis Solutions (equivalent of ZZPS) who I would imagine are acting onbehalf of Indigo (Indigo operate the car park, and ofc the NtK doesn't mention anything helpful - not even a company number or address.)

The NtK refers to penalty charge and mentions byelaw 14, but it looks to me more like a contractual claim, rather than the normal route of offering a contract to avoid prosecution. There is no mention of Mag Court. They state "by entering the car park you have agreed and are contracted to be legally bound by those terms and conditions". And later "If ... you have not complied with the above, we will have no choice but to pass your details to a Debt Collection Agency who may commence enforcement proceedings via the County Court." ['The above' is pay the penalty, name the driver, or appeal the PCN.]

So it seems like they're trying to go for contractual breach claim, but with reference to the byelaws and a penalty charge too!? Can't see how that is going to work for them. Current plan is to do normal tactic of wasting 6 months, but perhaps they have no intention of criminal prosecution, and want to try the civil route.

Any ideas or things to be aware of? I can't recall ever seeing this before. Maybe Indigo are trying a new tactic, or Adaptis are just an even worse version of ZZPS. Also as far as I can see Adaptis aren't ATA registered, despite them saying they are on their letter, have asked BPA for clarification. If they aren't then there is going to be hell to pay for Indigo and the DVLA!

All advice appreciated!

This post has been edited by FinanceRulez: Fri, 16 Feb 2018 - 18:13

[Advertisement]

[nosferatu1001]

A claim under the DPA would be reasonable here.