Driver doesn't want to pay Horizon fine, but registered keeper does...

Coupon-mad

Yep that'll do.

andromeda24

Sent. Let's see what POPLA come back with!

Bluearmy999

andromeda24 said:

How does this sound? 

POPLA Assessor: 

The operator’s explanation of the 28-day period does not change the non-compliant wording in their NtK. They are plainly wrong in how they have worded their NtK, and this must be recognised. 

Furthermore, this is a new NtK for Horizon, who are an operator that has never used POFA before. POPLA will now see this version of the NtK in future cases, so you must get this right with a definitive decision.

You must uphold my challenge so Horizon can put their wording right and meet Schedule 4 properly.

If the Assessor is minded to side with the operator, I must insist that this is escalated to the Sector Expert for review before a final decision is made. 

Hi andromeda24,

I have also had a very recent Horizon notice so reading your thread in interest. Just trying to get my head around the 28 day details lol!! 

I did contact Tesco and they told me to appeal and get back to them if it fails so got nothing to lose I suppose. Good luck.

Umkomaas

Bluearmy999 said:

andromeda24 said:

How does this sound? 

POPLA Assessor: 

The operator’s explanation of the 28-day period does not change the non-compliant wording in their NtK. They are plainly wrong in how they have worded their NtK, and this must be recognised. 

Furthermore, this is a new NtK for Horizon, who are an operator that has never used POFA before. POPLA will now see this version of the NtK in future cases, so you must get this right with a definitive decision.

You must uphold my challenge so Horizon can put their wording right and meet Schedule 4 properly.

If the Assessor is minded to side with the operator, I must insist that this is escalated to the Sector Expert for review before a final decision is made. 

Hi andromeda24,

I have also had a very recent Horizon notice so reading your thread in interest. Just trying to get my head around the 28 day details lol!! 

I did contact Tesco and they told me to appeal and get back to them if it fails so got nothing to lose I suppose. Good luck.

As with almost all appeals, do not reveal the identity of the driver.

bertie1979

had any update on this?

andromeda24

bertie1979 said:

had any update on this?

Sorry for the late reply. Nothing at all. It's been 12 weeks since I submitted the POPLA appeal. Not sure what's going on with them or whether I can even chase it up!

ChirpyChicken

You don't need to chase them

andromeda24

Decision: appeal unsuccessful. POPLA found the wording to be compliant

Coupon-mad

andromeda24 said:

Decision: appeal unsuccessful. POPLA found the wording to be compliant 

"The operator has issued the PCN on Thursday 3 October 2024, PoFA would mean that the 28 day period would begin on Friday 4 October 2024."

Incorrect.

He is several days out and is wrong in law even though he quoted the exact law above this!

Needs a formal complaint to POPLA now.  Just an email. We'll help with wording. 

andromeda24

Coupon-mad said:

andromeda24 said:

Decision: appeal unsuccessful. POPLA found the wording to be compliant 

"The operator has issued the PCN on Thursday 3 October 2024, PoFA would mean that the 28 day period would begin on Friday 4 October 2024."

Incorrect.

He is several days out and is wrong in law even though he quoted the exact law above this!

Needs a formal complaint to POPLA now.  Just an email. We'll help with wording. 

Yep, will do. Out of interest, I'm assuming this won't achieve anything for my appeal if their decision is binding? Just admin cost for them, and potentially education for future cases?