Advise on appeal wording for bad signing

ppsigning

I mentioned in my comments that there was no witness statement in the evidence uploaded so yes it was due to direct comments



As far as I know it was just the witness statement, everything else seems to be exactly the same.



The POPLA assessor added everything they sent in to 1 pdf file

Coupon-mad

Hmmm...I would not be happy with that.

Email POPLA straight back and ask:

- when was the first evidence uploaded to the Portal and was this done by the operator?

- when and how did they add more evidence, in the form of this addition?

- did POPLA follow correct procedure (i.e. a PPC can't add new evidence later, any more than an appellant can)

- if POPLA's position is that the operator did upload all of it at once, how come the Witness Statement was not visible on the Portal, what caused this?

- if POPLA's position is that the operator added it later, then this must be disallowed, as it would have been if you had added new evidence later

- did POPLA tip the operator off/show them your comments, to get this late addition, if so this must be escalated to the Lead Adjudicator as an abuse of process.

- ask at the end, how long do you have to make further comments, now?

ppsigning

I will send that all back to them but they stated I had 7 days to reply

Coupon-mad

Yes, I know that they will have done...there was method in the madness of that final question.

The reason for the final question was to FORCE a reply and buy some time. You know you have seven days (yes I knew that already) but finish with a question that forces a date as an answer, rather than just emailing them a rant that they might not respond quickly to.

ppsigning

Ahh clever.


Here is what they got back to me

Good morning,

In relation to the questions below, please be assured that all normal procedures, time frames and processes will be considered as part of my assessment.

I have provided you with all evidence received before the date that you provided your further comments in order to allow you the opportunity to respond appropriately.

Once I have completed my assessment, should you feel that there have been any procedural errors you may then raise a complaint to our service in writing, I will however accept this email as part of the further comments process.

In relation to some of your questions I cannot currently answer these as they will be addressed in my assessment, however I can provide the following information:

Additional evidence can be submitted at a later date if we are made aware of any issues with uploading documents, or are aware of system issues. However, there is a limited time frame and we would make each party aware if this caused the process to no longer be impartial.
We have recently experienced some system issues which has affected our online portal, this may have prevented you from viewing all evidence that was provided before you submitted your original further comments.
We have not had any direct contact with the operator in regards to this particular appeal, the only information it has had access to at this time is the original appeal details you submitted online.
Please note that you have 2 days remaining to provide any other information you wish to be considered. Should you have no further comments to provide you do not need to take any further action until after my assessment has been completed.
Kind regards

Coupon-mad

Can you scan and show us the WS? I think you should add comments, tonight.

ppsigning

Here you go https://i.imgur.com/SDnVZ7Z.png

KeithP

http://i.imgur.com/SDnVZ7Z.png

Ppsigning, surely you can post live links now.
You have enough posts and have been here long enough to no longer need to disguise links.

ppsigning

You're right! Thanks, didn't realize

ppsigning

Any ideas about that WC and if its worth any comments?

Apart from that not sure what to send back to the POPLA guy