CUP Enforcement Popla Appeal 2021

Umkomaas

Yes, complain to the BPA, quoting to them the relevant paragraphs of their Code of Practice which CUP are required to follow, which state that all recovery action must stop when the charge is at any appeal stage. Lay it on thick, sometimes PPCs completely drop a case when the BPA is sniffing around - no guarantees, but there's a chance it might play in your favour, so why not take it.

Le_Kirk

rtx said:

Hey guys, quick update.

So I submitted the appeal on the 12th, and yet to hear anything on popla, which is fine.

But CUP enforcement sent a letter on the 15th, that 29 days have passed and payment of £100 is due within 14 days.

They have not even replied to the Popla appeall?

Anything I can do with this?

Line the bottom of the budgie's cage with it!

D_P_Dance

Write to them complaining.

rtx

@Umkomaas @Le_Kirk @D_P_Dance

Thanks for your responses. Sorry to sound dumb, but any idea how I should make the complaint? Email etc? Anyway to add this to the POPLA appeal? Or only complain to the BPA.

The only thing I can think of now is writing to the BPA and saying "CUP Enforcement are in the appeal stages, I have submitted my POPLA appeal, on time, and yet they have sent a letter of enforcement, without having replied to my POPLA appeal. It is my understanding they are to stop all enforcement actions whilst the case in an appeals process"

That's literally all I can think of

Umkomaas

Sorry to sound dumb, but any idea how I should make the complaint? Email etc? Anyway to add this to the POPLA appeal? Or only complain to the BPA.

Complain just to the BPA. They have a complaints portal on their website. 

CUP Enforcement are Despite me being in the middle of the appeal stages of a PCN from CUP Enforcement (PCN Ref xxxxx, VRM xxxxx), I have and having submitted my POPLA appeal, on time, CUP are continuing to harass me with ongoing enforcement communications. , without having replied to my POPLA appeal. It is my understanding they The BPA Code of Practice, with which they are obliged to comply, demands are to stop  that all enforcement actions are suspended whilst the case is progressing through an appeals process.

Please investigate this clear breach of your Code of Practice, order CUP Enforcement to comply it, to halt enforcement harassment, and thereafter apply appropriate sanctions against them. 

Remember, this is a complaint so no 'Hi/Kind regards' in the communication, it's 'Dear Sirs/Yours faithfully'. 

rtx

Umkomaas said:

Sorry to sound dumb, but any idea how I should make the complaint? Email etc? Anyway to add this to the POPLA appeal? Or only complain to the BPA.

Complain just to the BPA. They have a complaints portal on their website. 

CUP Enforcement are Despite me being in the middle of the appeal stages of a PCN from CUP Enforcement (PCN Ref xxxxx, VRM xxxxx), I have and having submitted my POPLA appeal, on time, CUP are continuing to harass me with ongoing enforcement communications. , without having replied to my POPLA appeal. It is my understanding they The BPA Code of Practice, with which they are obliged to comply, demands are to stop  that all enforcement actions are suspended whilst the case is progressing through an appeals process.

Please investigate this clear breach of your Code of Practice, order CUP Enforcement to comply it, to halt enforcement harassment, and thereafter apply appropriate sanctions against them. 

Remember, this is a complaint so no 'Hi/Kind regards' in the communication, it's 'Dear Sirs/Yours faithfully'. 

Perfect. Thank you

rtx

WE WON THE APPEAL!

I would like to sincerely thank everybody that has helped me on this forum! @Coupon-mad excellent advice on the write up of the appeal. And thank you to everyone else that have also helped! I could not have done it myself, so I take no credit in winning this appeal, rather WE won this!

The specifics

In short CUP Enforcement did not reply to the POPLA Appeal and 21 days had passed, so the assessor said there was no need to see the contents of the appeal, and that I won it (by default I guess, kind of disappointing haha!)

The enforcement letter that was sent whilst the appeal was in process

I have sent a complaint to the BPA about CUP Enforcement sending me an enforcement letter during the POPLA appeals process. Waiting on a reply from them. Will keep this thread updated on the outcome of that, if any, as well. Thanks @Umkomaas for help on that!

Coupon-mad

Very good news and you've reported them to the BPA, to boot!

Umkomaas

It could be that the BPA are asking a few questions of CUP and they think that not responding to the POPLA appeal will see it slide rapidly into obscurity ...... unless you decide otherwise ..... and give the BPA cage another rattle!

rtx

Umkomaas said:

It could be that the BPA are asking a few questions of CUP and they think that not responding to the POPLA appeal will see it slide rapidly into obscurity ...... unless you decide otherwise ..... and give the BPA cage another rattle!

I feel like I've spent so much time on this appeal, and glad it's done. But at the same time I have a duty to everyone else to rattle that cage a little more. Hehehehehe.

Will be asking for an update from the BPA