CUP Enforcement - Appealed as Driver :( - Appeal Rejected - POPLA Stage

fivestarsamz

Hello all, I have a colleague who has asked for help with his PCN.

Unfortunately, he has come to me after he had already appealed as a driver and it got rejected. I have no idea what he told them, and what he wrote on the appeal, but he told me he appealed as a driver. Is there a high chance this can still win at POPLA stage? Or is it more likely to go through the court process?

The driver was there in the car the whole time and saw some guy taking pictures. The driver asked why he was taking pictures, to which the guy said that there had been a robbery recently, so they were taking pictures of every car. Of course, that was a lie.

Please see the attached original NtK, Rejection email, and evidence.

Any ideas for a POPLA win?

One idea: no evidence of consideration time? Can i still mention Non-pofa compliant?

Jame4ters

Have you read the “Newbies” thread? That will assist

Coupon-mad

The sign illegally adds £1.50 for "all card payments" which breaches the Consumer Rights (Payment Surcharges) Regulations 2012. Under this legislation, traders are banned from charging consumers surcharges for paying with debit or credit cards. Worth mentioning that at POPLA.

Also mention this shocking lie:

"The driver was there in the car the whole time and saw some guy taking pictures. The driver asked why he was taking pictures, to which the guy said that there had been a robbery recently, so they were taking pictures of every car. Of course, that was a lie."

That's a breach of the DPA 2018. Lying about the purpose for which the data is being collected is illegal.

There will also be the usual two other POPLA points:

• unlit signage (tell him to get photo proof - without a flash - in pitch black at midnight this weekend), and
• no landowner authority (citing clause 14 and 'Annex F' of the Joint code, not copying old examples of para 7 of the old BPA Code).

Plus, as you say, no consideration period. Photos taken within one minute and outright lies told to the driver, who had not left the car and had not had a fair opportunity to see, let alone read, dark hidden signs.

Car1980

Add that no contract exists between the two parties. The driver stopped (he wasn't even parked under the legal definition) and did not have any opportunity to even read the sign or exit the car before a man appeared taking photos. After speaking to him he immediately left. No time was even permitted to read any terms and conditions, let alone refuse any contractual offer made, and his immediate exit meant no contract was formed.

By all means refer to it as an entrapment site.