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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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Hi guys,

 

Received a Notice of Intent I think it's called from the wonderful Scottish Power. It was dated six days previous to when I actually received it.

 

I called SP up today to inform them that I was about to go under a DMP through the CCCS, see the link http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/208433-cccs-versus-secured-loan.html

 

The very rude and aggressive young female replied that it wouldn't make any difference, they still intended to go through the courts to get their money.

 

What do I do here guys? I'm bricking it. I've only been to court as a witness, never for anything like this. I explained that the CCCS would make an offer to divide my monies evenly, but this cut no ice with evil Zelda at all.

 

The total amount owed is less than £300.00. Surely it would be better for them to accept the CCCS offer than to go through the courts.

 

I have had many run ins with this lot over high bills, lack of customer service etc, but this really has me worried.

 

PS, I've moved service provider to British Gas, so they can't cut me off, or can they???

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Presumably Zelda was a customer services operative. In general customer services (though SP are usually fairly good) are a poor contact point for anything other than routine enquiries. In any case phone calls if recorded are 'lost' if they contain anything adverse to the utility. This case imight go to court so you need a solid evidence of any communicqation with them - write only. Start with a letter to their complaints department setting out the problem and the reponse made by Zelda.

 

Is your supply now with BG? or have you just applied. One of the grounds for opposing a changeover is an outstanding bill so I would be surprised if SP have let you go.

 

If still with SP what can they do?

 

1) they can apply for a warrant of disconnection at a magistrates court. If they do that you must be informed and though you may be worried about appearing you must attend, If you do not do so the application will be rubber stamped by the nagistrate and your suopply will be cut off, If you attend the appliction will very likely be withdrawn without going into court. If it does go into court explain your situation to the magistrate who will not make an order for disconnection in your circumstaces but tell SP to sort this out.

 

2) Take you to the small claims court. Very unlikely as they will get an order to pay by instalments and this will probably be worse than you can offer. If it happens keeo posting here and you will get very good advice.

 

Do not be afraid of courts - they are their to protect your interests as much as SP and at this level they are very informal.

 

If you have managed to change to BG then SP cannot cut your supply. They may try to do so but attend the magistrates court and the application will be withdrawn. They may ask a DCA to collect and they will bluster and intimidate (with threats of court action etc) but they have no powers whatever - they are not bailiffs. If a DCA becomes involved post here and you will get good advice.

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Is your supply now with BG? or have you just applied. One of the grounds for opposing a changeover is an outstanding bill so I would be surprised if SP have let you go.

 

 

Thanks Pelham, that puts my mind at ease a wee bit.

 

Yes, I've already changed to British Gas, the bills are the final ones from SP.

 

CCCS have put SP onto the list of creditors, will this stand up if it goes to court? SP will get their money, just not all at the same time.

 

I seem to recall that as I have made SP an offer, and it goes to court, that the judge would throw it out. Is this the case?

 

We see this as a very temp situation, but it's knocked the stuffing out of us, the last thing we need, on top of everything else, is a multi-billion turnover company, chasing me for £300-00 ...

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Incompetent in that too!

 

The will not go to a small claims court. There is nothing to stop them doing so but why should they? Any judge will consider that they must be satisfied by payments through CCCS and court action is expensive. They will gain nothing.

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Incompetent in that too!

 

The will not go to a small claims court. There is nothing to stop them doing so but why should they? Any judge will consider that they must be satisfied by payments through CCCS and court action is expensive. They will gain nothing.

 

 

They're threatening to add costs of £250-00 to the bill, don't know where these people get their figures from, I think it must be the "Ken Dodd School of Accountancy", allegedly :D

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Does anyone have the contact details for SP. I have just had a door colloctor turn up for full payment. Even though we have an arrangment to pay off our arrears. I just spoke to customer services someone called Karen, her ID number is 2009. She said a manager or supervisor wouldn't take my call. Please help

Cases won.

 

Littlewoods, Moorecroft,Nationwide £923.12 written off

 

CapQuest Debt Recovery

£687.34 written off OH

Reliable Collections

£2076.11 too be written off OH

 

Egg

£317.38 Charges paid back and cheque for £250.64 p for myself

 

If i have been any help to you tip my scales

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  • 2 weeks later...

Latest news:

 

Had another letter threatening court action, in spite of paying an initial £80-00 towards the bill.

 

And just received the final gas bill, as usual, very high for the size of house. Here's hoping Brit Gas are true to their word and are cheaper.

 

Have told the DCA to check their records as payment to SP doesnt show on the amount, and of course they "want to talk to me about the outstanding bill". E mailed back, no chance love, EVERYTHING is put in writing, I do not talk to DCA's FULL STOP.

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  • 2 weeks later...

Quick update on this:

 

Paid exact amount owed direct to Scottish Power, but there is a difference of about £35-00 between DCA's figure and SP's.

 

As far as I'm concerned, I've paid what was due to the company I had my contract with. Can these leeches (the dca) come back and chase me for their supposed fees???

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I wouldn't have thought so, do you have a receipt or other proof of your payment?

 

If so I would send a copy to the DCA and advise them the matter is closed.

 

Then ignore them if they contact you again

 

Done it through Internet Banking Zazen, so a trail is there.

 

Have mailed these leeches a few times now telling them not to phone me and that everything has to be put in writing.

 

I paid SP the exact amount, have no intentions of paying the **** their money as well.

 

If they do contact me, the letters will be filed in the big round cabinet. :)

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