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UKPC appeal

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Comments

  • Umkomaas
    Umkomaas Posts: 43,751 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Anybody know if they're still banned from obtaining driver details ?
    Thanks

    As far as we know. DVLA confirmed a couple of weeks ago they were still suspended pending conclusion of their investigations.

    But there's unlikely to be any announcement from the DVLA that the suspension is over (if it doesn't turn into a permanent ban), so we're only going to find out if/when new posters come here saying they've received a NtK from UKPC after them obtaining data from the DVLA.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

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  • I've just phoned DVLA and had it confirmed that UKPC are still suspended from accessing vehicle records due to being under investigation.
    They can stick their PCN where the sun don't shine :)
  • NateR
    NateR Posts: 26 Forumite
    I hope I did it right, I appealed to POPLA under 'Other' (even though it states appeals under this reason are less likely to be successful) and then under reasons just asked them to see the Word document I attached.
  • Umkomaas
    Umkomaas Posts: 43,751 Forumite
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    I wouldn't worry too much about using 'Other' as the reason for the appeal. As long as you've got everything detailed in your Word document and attached correctly, there's nothing more to do than await a decision.

    Remember, whatever the outcome of the POPLA appeal, it is NOT binding on you. It is binding on the PPC.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Fruitcake
    Fruitcake Posts: 59,479 Forumite
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    NateR wrote: »
    I hope I did it right, I appealed to POPLA under 'Other' (even though it states appeals under this reason are less likely to be successful) and then under reasons just asked them to see the Word document I attached.


    That should be OK. There was a problem recently where attachments weren't arriving with the online submission, but I can't remember if that was a PPC or PoPLA that had this problem. It might be an idea to check if they have received it some time nearer the submission deadline.
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  • Coupon-mad
    Coupon-mad Posts: 155,513 Forumite
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    edited 21 November 2015 at 5:50PM
    NateR wrote: »
    I hope I did it right, I appealed to POPLA under 'Other' (even though it states appeals under this reason are less likely to be successful) and then under reasons just asked them to see the Word document I attached.

    :)

    I use 'other' every time, nothing else, it's too fiddly otherwise. POPLA don't make it easy. Dozens and dozens I've done since new POPLA started taking cases - all submitted using 'other'; very few decisions yet but lots of throwing in the towel so far. And that message saying 'other' was less likely to win was displayed from the word go by new POPLA - yet they had no cases to base that on!
    The matter of the card surcharges is for Trading Standards.
    It is, as are any premium rate numbers which I've also seen on UKPC PCNs. But I have also used this extra point twice in UKPC POPLA evidence rebuttals recently. IMHO it is VERY relevant to a POPLA appeal, especially if the £1.50 surcharge takes the total over £100 because that means it 'exceeds the appropriate amount'.

    I've added that sort of thing at rebuttal stage having never said it in the POPLA appeal, like this:

    The PCN shown in evidence shows there was no grace period (no observation time allowed to even fetch a permit, not even in seconds). ‘Observed’ and PCN ‘issued’ in the same minute. This breaches the BPA Code of Practice on grace periods.

    Illegal premium rate number on the PCN renders this demand unenforceable:

    http://www.callcentrehelper.com/a-quick-guide-to-the-0845-and-0870-number-changes-43473.htm

    Illegal surcharge on the PCN, £1.50 added for all card payments, again renders the charge unenforceable:

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452405/BIS-15-343-BIS-payment-surcharges-guidance.pdf

    As the £1.50 illegal surcharge and/or the premium rate phone costs takes the total over £100 this means the amount exceeds the ceiling stated in the BPA Code of Practice. So the amount exceeds the appropriate amount by virtue of illegal charges passed onto consumers. This charge cannot be fairly upheld.


    Just a final thought. I've had two UKPC cases recently where the signs says £90 but the PCN was £100 so always check that on the signs as well, either when writing a POPLA appeal or when writing a rebuttal submission for POPLA.
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  • NateR
    NateR Posts: 26 Forumite
    I think I saw this point raised in a different UKPC thread, but worth mentioning. On the back of the PCN, it states 'UK Parking Control Ltd will request the registered keeper's details from the DVLA/DVA should the Parking Charge remain unpaid after 28 days.'

    Is this not a lie given their current circumstances?
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    edited 24 November 2015 at 11:34PM
    "MAY contact the DVLA"




    CORRECTION


    the wording is Will contact the DVLA


    11l6khe.jpg




    you may have to download picture and enlarge it ,
    Save a Rachael

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  • NateR
    NateR Posts: 26 Forumite
    I've received an e-mail from POPLA this morning confirming they have now received UKPC's case file, and if I have not received my copy I need to contact UKPC directly. I only have 7-days from the date of POPLA's correspondence to add my comments, and sure enough I have not received the file from UKPC yet.

    Surely it's ridiculous that the 7-days do not start from the day I receive the file giving me a fair amount of time to comment? And shouldn't it be UKPC's responsibility to provide me with the file, rather than me having to chase them?
  • NateR
    NateR Posts: 26 Forumite
    Another day into my 7-days to add comments and still nothing. I don't know if I should be expecting an e-mail or something through the post from UKPC. Utterly ridiculous.
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