UKPC no NTK or POPLA code received now Debt letter

Driver77

Hi KeithP, you're correct. The letter in #8 was forwaded by the BPA, they got it from UKPC, who claimed they had posted it Feb 9th. I've updated post #8. Any advice on what the next action should be?

KeithP

Ah, I see. Sorry, I misunderstood.

Castle

Driver77 wrote: »

The rejection letter forwarded by the BPA is copied below. If my friend had received the alleged letter on or after Feb 9th, already prepared with advice from this forum a POPLA appeal would have followed, adding the fact the letter was dated, after day 56 and that it doesn't qualify as a NTK.

Is that the complete letter because the layout differs from their normal letter, (see post 46 for a POPLA code letter dated April 2018):-
http://forums.pepipoo.com/index.php?showtopic=119160&st=40&start=40

Driver77

Hi Castle, yes it's the complete letter that I have cut and pasted, less personal details, from a PDF (forwarded by BPA) that looks exactly like the one you reference.

Coupon-mad

I would send UKPC a SAR for all info held and all photos, notes, communications, internal data held, all emails to/from the BPA and all letters about you and the vehicle (Google it and do it now).

And meanwhile tell the BPA that no such letter was ever received an since no NTK was ever posted either, have UKPC decided to cancel the PCN because they cannot hold a keeper liable? May as well ask!

If not (and I think the BPA will now just close the investigation) send off the SAR and see what info & letters UKPC cough up. Be interesting if that letter isn't among the SAR documents produced.

Driver77

UPDATE
We followed Coupon Mads advice, a week on and no reply or acknowledgement from either the BPA or UKPC.

Knowing UKPC have breached POFA, will they realise they can't pursue the keeper, that they haven't served a NTK, or will they be foolish, and push on to court hoping for an ill-informed defence? That's probably a rhetorical question, it feels like a process void of common sense.

I should be asking is it worth writing to UKPC along the lines "why are you pursuing the keeper, despite never issuing a NTK"? I could add the additional detail that they have failed POFA requirements and request their acknowledgement and cancellation of the PCN. The main purpose of this letter, should it not succeed, any judge would likely read the latest correspondence first, so this would be a nice summary.

Thoughts?

nosferatu1001

You cannot "rbeach" POFA in this regard. You can just not have *followed* POFA in order to GAIN keeper liability.
UKPC are a variable quantity. So you SAR them as told above.