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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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FOS & Time Limits?


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Wonder if anyone can help, apologies in advance as this goes on a bit. I'm helping a relative attempt to reclaim an extortionate amount of PPI payments taken for 4 years. When the account was initally opened the PPI was added without being requested, and my relative asked several times for it to be removed.

 

Dec 08 they wrote a letter asking for it to stop, it didn't. Emailed and wrote several times in 2009, then I got involved in July and sent the official PPI complaint template letter. Had a response in Sept 09, basic rejection letter. Sent another letter in Oct 09 telling them we didn't accept their response and asking for all paperwork on account, which was received in Nov 09. Sent them another letter in Nov 09 pointing out their clerical errors and asking them to sort it, no response ever received. Complaint to FOS went in April 10 (delay due to illness and family issues). FOS said they were dealing with it from then. Nothing heard from FOS for several months, calls to chase always met with "you're in the queue" response. In Oct 10, FOS write to relative saying they can't look at the complaint in full because it was submitted after the 6 months from the Banks 'final response' which was allegedly sent in Sept 09. Not impressed!

 

I'm not sure how the bank can ignore any correspondence after Sept 09, particularly when the information they sent back proved they'd made an error?

 

Secondly, the complaint was received by FOS on 07/04/10 and they responded on 29/10/10 - which is over the 6 months the Financial Institution have themselves to respond - how can they apply one rule to my relative regarding time limits, and another completely to the financial institution (who remain nameless buy rhyme with *cough*west).

 

Thirdly the finacial institution have offered to refund the PPI payments taken after Dec 08, as they put in acknowledged my relatives earlier letter in Sept 09 asking for it to stop, as a 'goodwill gesture'. The FOS will investigate this part of the complaint, but nothing else?

 

Is this right? :| Can anyone help?!

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OP, obviously it's not right. when you get the PPI repayments make sure they pay the interest on the monies returned.

if you haven't already written to the fos about the time discrepenancy and depending on their response i would get a court judgement

against them.

 

p.s. i don't know whether you can take the fos to court for negligence (hopefully someone can set me straight), but surely it's worth

trying.

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  • 3 weeks later...

I think you have things muddled up. The 6 month rule you mentioned doesnt apply to financial institutions, it applies to you!

 

This is how it goes.

 

You complain, firm has 8 weeks to issue response.

Firm issues final response, if you want to take it to FOS, you have 6 months (Check your letter). If you raise no new issues they do not have to respond (as you probably argued the same point, there is nothing for them to say as they have already issued a final response to you)

 

But, FOS received your complaint in April 2010, which was 7 months after, so you missed the boat as you complained too late.

 

FOS are swamped which is why they took a while to respond, but this is irrelevent in this case. FOS are not at fault.

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OP, take the matter to court. The fos are useless anyway and would've sided with the bank. i know this from

personal experience.

 

good luck

 

Actually fos uphold a majority of ppi complaints. Perhaps your complaint wasn't very strong.

 

You can't take fos to court as they are a FREE indepedant arbitrator which you approached to them to look at a complaint. You would need to take the bank/firm to court.

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Actually fos uphold a majority of ppi complaints. Perhaps your complaint wasn't very strong.

 

You can't take fos to court as they are a FREE indepedant arbitrator which you approached to them to look at a complaint. You would need to take the bank/firm to court.

 

the FoS is useless and anyone who defends them, is equally so.

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  • 2 weeks later...

I have to say that I have received a prompt and efficient response to my complaint from the FOS.

 

That being said. I shall await the outcome but as far as I am concerned I have acted within all the time limits and am awaiting until 8th February for the 8 weeks to be up and hope for a response from the company I am complaining about!

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  • 2 weeks later...
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