Hi all,
I’ve finally received the decision from POPLA and, as predicted by b789, it was unsuccessful. The assessor seems to have brushed aside the legal arguments quite dismissively.
Key points from the Assessor’s summary:
PoFA/Late Service: He claimed that because I provided no "evidence" of the late delivery (other than my statement), the 14-day rule was met based on the "date of issue."
Jopson v Homeguard: He dismissed this entirely, stating it is "not a Supreme Court case and does not set the precedent." He also claimed no evidence of loading was provided.
Equality Act: He stated that UKPC wouldn't have been aware of the disability at the time and that POPLA cannot determine if discrimination occurred as only a court can do that.
Consideration Period: He ruled that because the vehicle was not in a marked bay, no consideration period applies at all.
I have now received a demand from UKPC for £100, threatening debt recovery and an extra £70 charge if not paid within 28 days.
I am still standing my ground as per the advice here. What are my next steps? Do I simply ignore the inevitable "Debt Recovery Plus" letters and wait for a Letter Before Claim, or is there a specific "Rejection of POPLA Decision" letter I should send to UKPC?
Many thanks,
Rob.
