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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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Slooth and partner vs Crap one


banksleuth
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Officially I am no longer a ghost on the system, he he. My partner and I have started claims against BArclaycard and Capital, done the request for data, and received a reply with a partial settlement. Of course, that has been politely refused.

Today my partner received some interesting recorded mail from crap one with info she had "requested". APart from the list of statements, there was a lengthy list of abbreviations they use on the system and a load of screen shots. For me this was the interesting one....

Regarding over the limit charges and late payment fees, they charged 20 quid a pop. As can be seen from this screen shot, the SYSTEM actually does this automatically, and therefore no human intervention is required. Judging by the watchdog report an average transaction by a human would be less than £2 therefore the SYSTEM will do it in less than one second....under 1p.

 

cap_one_auto_system_01.jpgcap_one_auto_system_01.jpg

 

I do one question though:

I have read about claiming back interest all over this forum, and everyone talks about 8%. Surely, if crap one charged me at 29.8% per year, i can claim back 29.8% per year. Is this correct?

This site is doing a great job. There are moderators here who are really helpful, and many of the forum members go out of their way to try and make the process as easy and less intimidating as possible. Thanks guys

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Hi Banksleuth

 

If they have charged you that amount in APR claim it back per charge. 29.8% is what they have charged you, works both ways. I have seen over 35% in Compounded Interest claimed back here, Cap one as well.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi Slooth. Noticed exactly the same thing on my partners Cap One 'Interventions' printout, which they sent with her statements, even though we didn't ask for it! Prompted me to put the following in prelim letter -

 

' . . .I note from the ‘Intervention’ printouts that you have kindly supplied me with that all of these charges, with the exception of the 3 ‘Returned Cheque’ amounts, were ‘system generated’ fees, which therefore required no manual intervention. Therefore all you would be lawfully entitled to charge me for would be a few seconds (at most) of computer time. This could be fairly charged at £120 per HOUR, which rate includes hardware, software, setup, and operating costs. This demonstrates that a ‘fair’ charge for each of my defaults would be no more than 20 pence. If you dispute this calculation, please either supply me with the previously requested full breakdown of your costs incurred in managing the defaults upon my account, or pay me the full amount I am claiming. . . .'

On the interest thing, I figured out the point in time when balance would have been zero had it not been for charges, then put all interest ammounts (except for cash withdrawals) after this on the schedule of charges, and applied the stat 8% interest to the interest paid as per Vamp's spreadsheet.

Hope that helps. All the best with your claim!:D

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Thanks for that ukaviator. I take it then that when we do the MCOL (I am sure we will need to go this far) I then charge them the statutory 8% on top of all that? In my mind they owe me all the money and the 8% is what I am charging them for keeping my money safely :rolleyes:.

I agree with adamc6671 with regards to the 20p charge. Now that sounds like a fair admin charge for an automaton. If you dont mind, I would like to use a slightly edited version of your quote for my next polite letter to crap1.

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Hi Slooth - by all means feel free to use my quote, either edited or not. Thats what we're all here for - to help each other!

  • Haha 1

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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