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

Coupon-mad

I'm so sorry to hear that. 

Just go into 'ignore mode' now. Get on with your important family and real life stuff.

NO PAYING A SCAM PCN THAT POPLA ADMITTED THEY ADJUDICATED WRONGLY.

Have you signed the petition posted on threads by @Nellymoser ?

andromeda24

Coupon-mad said:

I'm so sorry to hear that. 

Just go into 'ignore mode' now. Get on with your important family and real life stuff.

NO PAYING A SCAM PCN THAT POPLA ADMITTED THEY ADJUDICATED WRONGLY.

Have you signed the petition posted on threads by @Nellymoser ?

Thank you Coupon-mad. Petition signed. 

I sent this to POPLA in the end, but I'm not expecting much from it! 

XXXXX, 

Thank you for your response regarding my complaint. While I appreciate your acknowledgment of the error in the assessor’s interpretation of the Protection of Freedoms Act (PoFA) 2012, I am deeply concerned by the decision not to reassess my appeal on these grounds.

You state that “all evidence was considered” and that “no procedural error” occurred. However, a clear procedural error has taken place: the assessor applied an unlawful interpretation of PoFA to my case and used this as the basis for finding in favour of the operator. Allowing the appeal decision to stand despite this flawed reasoning is fundamentally unfair and undermines the integrity of the POPLA process.

Furthermore, I would like to draw your attention to a recent POPLA ruling involving Horizon Parking (POPLA code 3762434330, decision date 17/12/2024), where the appeal was allowed on the same grounds I raised in my case. In that ruling, the assessor concluded:

“The appellant has presented a technical challenge to the parking operator’s application of PoFA… As such, I must uphold the appellant’s grounds in respect of the wording used by the parking operator in this case, as this sets the 28-day timescale from the presumed date of issue, whereas PoFA stipulates this must begin from the day after. Accordingly, I must allow this appeal.”

This case is almost identical to mine regarding the non-compliance of the NtK's 28-day wording. POPLA’s failure to apply consistent reasoning to my case, despite acknowledging the same misinterpretation, demonstrates a significant oversight. 

I respectfully ask that this complaint be reviewed by the case handler I initially requested, and for my appeal to be reassessed on the grounds stated above. 

If my request for further review is denied, I will consider other avenues to escalate this matter, as I cannot accept a process that knowingly allows errors in legal interpretation to remain unaddressed.

I look forward to your response,

doubleoseven

Sorry to hear about your bereavement @andromeda24

That's a good follow up response, their position here is ridiculous.

Good luck! 

fisherjim

But judge you have found me guilty of murdering my wife, but not considered that at the very time she was murdered I was on a flight to America.

That doesn't matter I have made my decision it's a one stage process I can't reconsider the real facts take him down!

andromeda24

Fobbed off, as expected!


'Thank you for your email received 26 January 2025.

I note my colleague has previously responded to your complaint confirmed POPLA’s position.

I note further they we confirmed that this response marks the end of complaints procedure and it will not be appropriate for POPLA to respond further.

For the avoidance of doubt,  POPLA’s involvement in your appeal has now ended. Any further correspondence received in relation to this issue will be noted on your case, but not responded to.

You are of course, free to pursue this matter further, through other means, such as the Courts. For independent legal advice, please contact Citizens Advice at: www.citizensadvice.org.uk or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh).'

Umkomaas

andromeda24 said:

Fobbed off, as expected!


'Thank you for your email received 26 January 2025.

I note my colleague has previously responded to your complaint confirmed POPLA’s position.

I note further they we confirmed that this response marks the end of complaints procedure and it will not be appropriate for POPLA to respond further.

For the avoidance of doubt,  POPLA’s involvement in your appeal has now ended. Any further correspondence received in relation to this issue will be noted on your case, but not responded to.

You are of course, free to pursue this matter further, through other means, such as the Courts. For independent legal advice, please contact Citizens Advice at: www.citizensadvice.org.uk or call 0345 404 05 06 (English) or 0345 404 0505 (Welsh).'

Send all the timeline and responses on this to your MP, with a succinct synopsis (particularly the 'technical/legal' points) and ask that he/she corresponds with POPLA, to ask them to explain to him/her fully why they will not revise their incorrect assessment decision. 

Coupon-mad

Or - if real life is too busy and of course family is your priority -  just go confidently into ignore mode.

DO NOT PAY.

The registered keeper could name the driver now, if the driver is the one who is most up for ignoring £170 threatograms.

By doing that, you'd be discarding the POFA '28 days' argument altogether (as that doesn't affect drivers) but you'd be moving forward with the driver as the one in charge of ignoring the letters.

Your thread title suggests that's the way forward now. Keeper transfers liability.

andromeda24

Coupon-mad said:

Or - if real life is too busy and of course family is your priority -  just go confidently into ignore mode.

DO NOT PAY.

The registered keeper could name the driver now, if the driver is the one who is most up for ignoring £170 threatograms.

By doing that, you'd be discarding the POFA '28 days' argument altogether (as that doesn't affect drivers) but you'd be moving forward with the driver as the one in charge of ignoring the letters.

Your thread title suggests that's the way forward now. Keeper transfers liability.

I can ignore, but I won't grass on my partner. I'm intrigued to see what happens. Will keep you all posted. 

doubleoseven

POPLA are about to get bombarded with the refined version of that letter, I can't see them being able to repeat their treatment of you.