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    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
    • Hi DX, Sorry, fell asleep as I was up all night last night writing that statement. Yes, I attached the rest of the witness statement on post 50, bottom of webpage 2. That's the important part.  It looks like the lawyer who wrote Erudio's Witness statement does not work for them any more. So, I'll have another lawyer representing instead. Not sure if I can use Andy's hearsay argument verbally if that happens.... I did not put it in writing. Apart from not sending deferral forms, my main argument is that in 2014 Erudio fixed some arrears mistake that SLC made and then in 2018 they did the same mistake, sent me confusing letters. What is the legal defence when they send you confusing material?
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    • That isn’t actually what the Theft Act 1968 S1 actually says, BTW. https://www.legislation.gov.uk/ukpga/1968/60/section/1 (1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it;   The difference between what you’ve said and the Act? a) intent to permanently deprive rather than  just depriving (which is why the offence of “taking without consent” was brought in for motor vehicles, as otherwise "joyriders" could say "but I intended to give it back at the end") b) dishonesty : If I honestly believed A's pen belonged to B, and took it and gave it to B - B might be found guilty of theft but I shouldn't be. 
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Swinton charging £584.00 when I cancelled insurance 3 months ago


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First I would like to say hello to everyone .

Help and advice needed please. December 2008 I insured my car as a taxi with Swinton as I intended to work as a taxi driver. It didn’t work out for me couldn’t get any work as a result I couldn’t afford the monthly instalment for the insurance (£117.00 a month)

May 2009 I phoned Swinton to cancel my insurance I was told to put it in writing and send to them with the cover note. So that’s what I did. A few days later I received a phone call from Swinton to say that you haven’t sent the cover note I told her I did. After a bit of a disagreement she said not to worry I’ll send you a form to sign and send back saying you haven’t got the cover not. I signed the form and sent it back, I also cancelled the direct debit with my bank.

10th August 3 months later I received a letter for swinton demanding £584.00 so I phoned them and they said it’s because they haven’t received the cover note or a signed forum to say you haven’t got the cover note. I told him I sent both he said all I can do is to send anther forum for you to sign and date it for 15th may and they will probably right it off. So that’s what I did.

21st August I received a letter to say that I owe them £584.00 and it has been passed onto a debt collector. So I phoned them and was told that Tradx (Tradex being the insurer) no longer except disclaimer (the form you sign to say you haven’t got the cover note) I asked her if it wasn’t the insurance cover note I sent in the first place what was it she said it was the schedule. I know I sent the schedule cover note and a letter of cancelation .I wasn’t getting anywhere with her so I got off the phone and called them back so I would get someone ells. I asked for a copy of the papers that I sent with the first letter she said their records only show that a letter was sent no documents. That contradict what was previously said. Any advice please.

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Stop dealing on the phone until you have installed a recorder. They will deny things which they say on the phone and you will have no evidence.

 

Lay out your entire position in writing and send it to them recorded delivery and also by fax.

Begin a complaint and tell them that you want the matter to go the Ombudsman.

 

Keep copies of everything and record everything. Get a Truecall

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First I would like to say hello to everyone .

Help and advice needed please. December 2008 I insured my car as a taxi with Swinton as I intended to work as a taxi driver. It didn’t work out for me couldn’t get any work as a result I couldn’t afford the monthly instalment for the insurance (£117.00 a month)

May 2009 I phoned Swinton to cancel my insurance I was told to put it in writing and send to them with the cover note. So that’s what I did. A few days later I received a phone call from Swinton to say that you haven’t sent the cover note I told her I did. After a bit of a disagreement she said not to worry I’ll send you a form to sign and send back saying you haven’t got the cover not. I signed the form and sent it back, I also cancelled the direct debit with my bank.

10th August 3 months later I received a letter for swinton demanding £584.00 so I phoned them and they said it’s because they haven’t received the cover note or a signed forum to say you haven’t got the cover note. I told him I sent both he said all I can do is to send anther forum for you to sign and date it for 15th may and they will probably right it off. So that’s what I did.

21st August I received a letter to say that I owe them £584.00 and it has been passed onto a debt collector. So I phoned them and was told that Tradx (Tradex being the insurer) no longer except disclaimer (the form you sign to say you haven’t got the cover note) I asked her if it wasn’t the insurance cover note I sent in the first place what was it she said it was the schedule. I know I sent the schedule cover note and a letter of cancelation .I wasn’t getting anywhere with her so I got off the phone and called them back so I would get someone ells. I asked for a copy of the papers that I sent with the first letter she said their records only show that a letter was sent no documents. That contradict what was previously said. Any advice please.

Put everything in writing, and also make copies of the letters you send and they send you.

Cancel your direct debit with them.

Write to them and state that if they attempt any collection from your bank account. This will be a breach of the OFT 2003 guidance on debt collection (unfair business practices)

and could also be breaching codes of practice to which they are subscribed. It should be suspended because you are disputing it.

Ask for their complaints procedure then go to the Ombudsman.

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I have also complained to Swinton about cancellation charges. You can find their complaints procedure on their website.

 

Write to head office at Manchester as per their procedure, by recorded delivery as stated above. They should reply within 2 weeks. They should call off their debt collectors whilst you are going through their complaints procedure but they probably won't. They didn't when I complained. Just refuse to speak to debt collectors and keep the letters you receive from them.

 

They backed off and wrote off debt when I complained - didn't apologise though. Their arrogance is unbelievable. I hate this company.

 

If they don't write it off complain to Ombudsman as above. Suspect they will though - seem to remember someone on here saying their cancellation charge is against FSA rules but not 100% sure about that.

 

If they do write it off you should complain to FSA anyway - there are too many posts like this about Swinton - they need to learn their lesson.

 

If you can't find complaints procedure let me know and I'll post the address for you tomorrow.

 

Good luck

 

Jan

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