06-08-2026, 10:27 AM
@L Bow, no problem. As I have already mentioned, don't pin your hopes on POPLA, because they are notoriously inept and their primary interest is in looking after their paymasters, the parking companies.
So, even if unsuccessful at POPLA, that decision is not binding on you and you just move on to the next stage. As highlighted, there can be no Keeper liability and the burden of proof is on the operator to prove that the Keeper was the driver. The only way they can do that is if the Keeper tells them, even though there is no legal obligation to do so.
When Horizon provide their evidence, which will say that even though they are not relying on PoFA to hold the Keeper liable, they will rely on some made up reason, which would never stand up in court but some POPLA assessors are too incompetent to understand, show it and I will provide a suitable rebuttal.
So, even if unsuccessful at POPLA, that decision is not binding on you and you just move on to the next stage. As highlighted, there can be no Keeper liability and the burden of proof is on the operator to prove that the Keeper was the driver. The only way they can do that is if the Keeper tells them, even though there is no legal obligation to do so.
When Horizon provide their evidence, which will say that even though they are not relying on PoFA to hold the Keeper liable, they will rely on some made up reason, which would never stand up in court but some POPLA assessors are too incompetent to understand, show it and I will provide a suitable rebuttal.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
