06-09-2026, 04:47 PM
You have read the practical effect correctly, but their wording is badly drafted.
They say the correspondence "has been identified as an appeal", but then they refuse to process it through the complaints route and try to force you back to their defective appeal portal. That is internally contradictory and helps rather than harms your position.
The key point is that they now know the keeper is trying to appeal. They also know why the portal cannot properly be used, because the mandatory drop-down options do not allow a keeper appeal based on PoFA, no keeper liability, signage, contract formation, or lack of evidence. They cannot fairly obstruct the appeal route by forcing the keeper to select an inaccurate option.
For now, wait and see what they do. If they cancel, fine. If they reject and issue a POPLA code, the POPLA appeal can rely on PoFA 9(2)(a), inadequate evidence, signage/contract formation, and the defective appeal process. If they refuse to process it and later try debt recovery without issuing a POPLA code, that becomes a BPA complaint point because the keeper attempted to appeal and CE obstructed the process.
They say the correspondence "has been identified as an appeal", but then they refuse to process it through the complaints route and try to force you back to their defective appeal portal. That is internally contradictory and helps rather than harms your position.
The key point is that they now know the keeper is trying to appeal. They also know why the portal cannot properly be used, because the mandatory drop-down options do not allow a keeper appeal based on PoFA, no keeper liability, signage, contract formation, or lack of evidence. They cannot fairly obstruct the appeal route by forcing the keeper to select an inaccurate option.
For now, wait and see what they do. If they cancel, fine. If they reject and issue a POPLA code, the POPLA appeal can rely on PoFA 9(2)(a), inadequate evidence, signage/contract formation, and the defective appeal process. If they refuse to process it and later try debt recovery without issuing a POPLA code, that becomes a BPA complaint point because the keeper attempted to appeal and CE obstructed the process.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
