- Publication Date
- 1 August 2019
- Case Reference
- Track 2
- Adjudicated Party
- PowerTel Limited
- Service Type
- Directory enquiry
- Tribunal's final assessment
- Very Serious
- 4.8.3 (b) Sanctions
4.8.3 (g) Sanctions
- Breaches raised
- Code 14 4.8.6 (b) Sanctions
Code 14 4.11.2 Non-payment of administrative charge
A service provided by the Level 2 provider PowerTel Limited (the “Level 2 provider”) was the subject of a Phone-paid Services Authority (“PSA”) Tribunal adjudication (case reference: 128953) on 18 September 2018. The Tribunal upheld breaches of rules 2.2.7 (pricing information), 2.3.2 (misleading), 3.4.8 (registration renewal) and 4.2.3 (failure to provide information).
The Level 2 provider was informed of the sanctions imposed in a formal notification, which included an invoice for payment of the fine. The formal notification was sent to the Level 2 provider by email and by post on 01 October 2018. The Level 2 provider was informed that payment of the fine and administrative charge was due by no later than 10 October 2018.
In response to the formal notification sent on 01 October 2018, the Level 2 provider stated: “We do not accept nor knowledge” and “there is no proof of claim nor proof of authority” and that “a full independent review” was required.
The Executive responded to the Level 2 provider advising how to pursue a Judicial Review or alternatively how to seek a review of the Tribunal decision under paragraph 4.10.1.
On 08 October 2018, a payment reminder was sent to the Level 2 provider. The Level 2 provider responded: “We do not acknowledge or accept this. It is fully disputed. Your a tions are ultra vires. Furthermore it would be impossible to pay any such ridiculous concocted amount anyhow”. [sic]
The Executive submitted that the following sanctions were appropriate:
• a formal reprimand
• a prohibition on the Level 2 provider from providing or having any involvement in any premium rate service for a period of five years or until all sanctions imposed by the Tribunal of 18 September 2018 have been complied with, whichever is the later.
The Tribunal, having regard to all the circumstances of the case, agreed with the Executive’s recommended final sanctions, save that the Tribunal considered that the prohibition should not expire until both the sanctions had been complied with and the administrative charges had been paid in full. The Tribunal therefore imposed the following sanctions:
• a formal reprimand
• a prohibition on the Level 2 provider from providing, or having any involvement in, any premium rate service for a period of five years, or until all sanctions imposed by the Tribunal of 18 September 2018 have been complied with the administrative charge has been made in full, whichever is the later.
Administrative charge recommendation: 100%