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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?
    • Chinese firm MineOne Partners has been ordered to sell land it owns near a US nuclear missile site.View the full article
    • 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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    • We have finally managed to obtain the transcript of this case.

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FOS adjudicator not sharing evidence, FOS in a state of denial***Decision Overturned***


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I have a current packaged bank account complaint and can confirm the FOS's poor practises.

 

Important info in my case was drip fed to the FOS from the bank without my disclosure.

The FOS caseworker would ring me sometimes 5 days later than agreed.

The caseworker would then ambush me on the phone about information I knew nothing about, hardly good advocacy at any level.

 

The They could not even read a bank statement correctly which led to sleepless nights because the FOS caseworker attributed a 11k withdrawal to the wrong company making me believe fraud had occurred, that is until many weeks later once I got sight of the bank statements I requested from the FSO and realised the FSO caseworker's school boy error.

 

Even when I demanded the case be dealt with by another caseworker due to incompetence this was ignored and a decision railroaded.

 

 

Now I have a legitimate claim for harassment against the caseworker for refusing to hand the case over and for continuing to ring me trying to harass me with questions about information not prior disclosed to me.

 

I held a senior management post at The Home Office for over 23 years so I am used to dealing with casework and policy matters at all levels. I believe I am well qualified therefore to categorically state what a complete mess and state of denial the FOS is in.

 

Until MP's experience this poor level of service I seriously doubt things will change for the better.

Edited by honeybee13
Paras.
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Hi Honeybee, not sure if anyone has experienced using the independent assessor set up to consider complaints about the level of service of the FOS, although this appointment seems in house. Thought I'd share my current experience of the FOS with others.

Edited by Robbie101
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Until MP's experience this poor level of service I seriously doubt things will change for the better.

 

Absolutely.

I've recently contacted my MP about FOS bias issues,

basing decisions on (the bank's/businesse's) hearsay evidence,

not sharing evidence relied upon,

not giving me adequate opportunity submit all documents,

lack of updates from the adjudicator,

not respecting my communication needs amongst other things.

 

You can use the writetothem website to find out your MP, then send email/letter from within that site:

 

https://www.writetothem.com/

 

Or use theyworkforyou website. Can write to your MP from there also:

 

https://www.theyworkforyou.com/mp/

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  • 1 month later...

UPDATE: Well I have some surprises for everyone reading this thread. I contacted Caroline Wayman Chief Ombudsman about my concerns about how my case was being handled. The Ombudsman Team leader looked into it and decided there were mistakes made and offered an apology. The case was looked at again in accordance with procedures and the original decision overturned in my favour against Barclays Bank. In this instance justice prevails. My thanks to CAG for providing an important platform and to everyone offering advice on this thread

Edited by Robbie101
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Makes you think how many people have complaints rejected simply because adjudicators have sided with financial services companies, based on reliance on what they have been told, rather than obtaining full information.

 

Well done for pursing when many would have given up. :whoo:

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Well done Robbie...I have amended your thread title to reflect the outcome.

 

Regards

 

Andy

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