C.U.P enforment pcn

sandbags89

1505grandad said:

Just checking  -  does the following para really apply to your case?:-

"Upon further research it is apparent that signage is poorly located in relation to where the vehicle was parked and could have easily been missed. BPA 19:9 also states that for disabled motorists "there must be at least one sign containing terms and conditions for parking that can be viewed without needing to leave the vehicle". I will add that there is a disabled badge holder registered to this vehicle. A driver cannot be in breach of a contract they have not seen and are unaware of."

Realistically, no. Technically, from the parking space where the vehicle was, a sign wasn't visible, you'd have to get out the vehicle and check the signage behind (although from their own evidence you can't actually confirm where the signage is. Can't make it out from the photos and the close up shot doesn't show it's location) And there is a disabled person registered to this vehicle. However, I agree it's a stretch at best.
Left it in to aid with the long-winded approach, but maybe you think it's better to remove incase it has a negative effect?

sandbags89

Submitted. Now we wait 🤞

sandbags89

okay, finally got a response from POPLA with CUP Enforcements reply with their evidence.

They have argued against my point of not receiving within 14 days, with an apparent certificate showing they used 1 day postage. (Page 9). Which sucks cos I was under the impression that was my strongest point. However, it's not clear to me whether this is legit proof or not. It doesn't show what company was used, or how I can verify the certificate number from the hybrid email system used... what do you guys think?

The other argument I thought had some legs was the lack of planning permission for the advertising pole where the cameras were mounted on, and the fact that it doesn't seem even seem to be on there land. Therefore all there evidence it taken from illegally mounted equipment, or so that was my argument at least. I can't see anything here where they addressed or provided evidence relating to this.

I will upload their evidence pack on next post. It is a pdf, only way I can figure out how to upload this is to convert to jpgs, so its a bit picture heavy sorry. 

sandbags89

__________________________

sandbags89

my popla appeal:

sandbags89

I have 7 days to submit any further comments before POPLA make a decision

kryten3000

The law says 2 working days for delivery,  they have no proof the notice was delivered in time.

But it doesn't matter because you won't be paying regardless

Coupon-mad

There's no such thing as "1 day delivery" in postal terms, unless they used a courier/signed for. Anyway, the POFA says first class mail is deemed delivered after TWO WORKING DAYS (not including weekends).

IMMEDIATELY: Ring up Unity 5 (they are very approachable and their number is on that cert) and ask about that Certificate of Postage.

Ask if it is genuine or has the operator altered it? If they stand by it, what hybrid mail was used because it failed to arrive in 1 day.

Record the call on another phone.

Let's hear it. 

sandbags89

ok I have a recording, quality is poor due to some sort of schoey feedback. How do I upload it?

essentially what I gathered from the phone call: they claim its genuine, its on their system also. Down as a "1 day delivery" but also says that depends on the service provider, who are Postworks who use Royal Mail. 

sandbags89

https://www.dropbox.com/scl/fi/xnd5ik1fl7tc52c7hhaou/Recording-4.m4a?rlkey=6hjwiyfbm13p34k4obytcduad&st=mqrg90ip&dl=0

think i did it, link to the recording