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Do I take an unsuccessful POPLA appeal any further?

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Comments

  • B789
    B789 Posts: 3,441 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    Yup, they have failed the PoFA test. You must complain to the Lead Adjudicator and highlight this obvious error by their assessor who needs retraining. Explain that in order to be PoFA complaint, the NtK must be "deemed" to have been delivered within 14 days of the parking event which it very obviously wasn't in this case.

    The trouble with POPLA is that they will not reverse an error by an adjudicator. They will only acknowledge the error. Nothing much else you can do now but weather the inevitable storm of useless debt collector letters and wait and see if/when an LoC and claim are issued.
  • Umkomaas
    Umkomaas Posts: 43,790 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    We've seen the same problem previously - maybe a year or so ago - when the assessor obsessed on 'issued' rather than 'given'. My vague recollection is that POPLA were going to retrain. 

    Do a forum search on 'POPLA can't count to 14'. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Umkomaas said:
    My vague recollection is that POPLA were going to retrain. 
    I guess they are still planning on doing that... sometime.   ;)
  • Umkomaas
    Umkomaas Posts: 43,790 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    KeithP said:
    Umkomaas said:
    My vague recollection is that POPLA were going to retrain. 
    I guess they are still planning on doing that... sometime.   ;)
    ....... alongside a session on airport 'not relevant land'?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • B789 said:
    Yup, they have failed the PoFA test. You must complain to the Lead Adjudicator and highlight this obvious error by their assessor who needs retraining. Explain that in order to be PoFA complaint, the NtK must be "deemed" to have been delivered within 14 days of the parking event which it very obviously wasn't in this case.

    The trouble with POPLA is that they will not reverse an error by an adjudicator. They will only acknowledge the error. Nothing much else you can do now but weather the inevitable storm of useless debt collector letters and wait and see if/when an LoC and claim are issued.
    Thanks for the response much appreciate, I've e-Mailed them. If they are not going to reverse an error - what case do I have not to pay?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    B789 said:
    Yup, they have failed the PoFA test. You must complain to the Lead Adjudicator and highlight this obvious error by their assessor who needs retraining. Explain that in order to be PoFA complaint, the NtK must be "deemed" to have been delivered within 14 days of the parking event which it very obviously wasn't in this case.

    The trouble with POPLA is that they will not reverse an error by an adjudicator. They will only acknowledge the error. Nothing much else you can do now but weather the inevitable storm of useless debt collector letters and wait and see if/when an LoC and claim are issued.
    Thanks for the response much appreciate, I've e-Mailed them. If they are not going to reverse an error - what case do I have not to pay?
    If the parking company are foolish enough to force a court hearing then any Judge would easily see their mistake.
  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    B789 said:
    Yup, they have failed the PoFA test. You must complain to the Lead Adjudicator and highlight this obvious error by their assessor who needs retraining. Explain that in order to be PoFA complaint, the NtK must be "deemed" to have been delivered within 14 days of the parking event which it very obviously wasn't in this case.

    The trouble with POPLA is that they will not reverse an error by an adjudicator. They will only acknowledge the error. Nothing much else you can do now but weather the inevitable storm of useless debt collector letters and wait and see if/when an LoC and claim are issued.
    Thanks for the response much appreciate, I've e-Mailed them. If they are not going to reverse an error - what case do I have not to pay?
    why would you even think about paying, what magic force is going to make you pay
  • Le_Kirk
    Le_Kirk Posts: 25,096 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Umkomaas said:
    KeithP said:
    Umkomaas said:
    My vague recollection is that POPLA were going to retrain. 
    I guess they are still planning on doing that... sometime.   ;)
    ....... alongside a session on airport 'not relevant land'?
    .......... and how to differentiate between rational and rationale as they promised me on 28th June: -
    I do thank you for highlighting it to us that the word ‘rational’ is being used instead of ‘rationale’ and I do appreciate both words have different meanings, I have fed this back internally and it will be included in our program of continuous improvement.

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 25 July 2023 at 6:45PM
    No-one pays just because POPLA muck up!  Of course you don't pay.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
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