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Adjudication

Publication Date
05 September 2013
Case Reference
27904
Procedure
Track 2
Adjudicated Party
Waqar Ashraf trading as book-theory-test-online
Service Type
Customer support
Tribunal's final assessment
Very Serious
Sanctions
Code 12 para 4.8.2b - Formal reprimand and/or warning
Code 12 para 4.8.2e - Bar
Breaches raised
Summary


A service provided by the Level 2 provider Waqar Ashraf trading as “book-your-theory-test-online” was the subject of a PhonepayPlus investigation and adjudication (case reference 17843), which resulted in sanctions being imposed by a Tribunal on 16 May 2013. The sanctions imposed by the Tribunal included a fine of £85,000 and general refunds. In addition, an administrative charge of £8,049.47 was imposed.

The Executive raised the following potential breaches of the PhonepayPlus Code of Practice (12th Edition) (the "Code"):

• Paragraph 4.8.4 (b) – Failure to comply with a sanction
• Paragraph 4.10.2 – Non-payment of an administrative charge

The Tribunal upheld the breaches. The Tribunal considered the breaches to be very serious. It issued a formal reprimand and a bar on access to all of the Level 2 provider’s services and numbers until the breaches are remedied by payment of the fine and original and instant administrative charges.
 

Click here to view the Adjudication decision