Athena Please Help

Boertjie

Need some help
I drove my wife's car parked at Lidl and overstayed by 17 minutes. She got a ticket in the post for £90. I used the forum to get information and send them the following letter.


To Whom it may concern

I am the registered keeper of the vehicle registration number xxxxxx and confirm receipt of your parking charge notice xxxxxx dated xxxxxx and deny any liability to pay this parking charge.

As you appear to be circumventing the requirements of POFA 2012, the registered keeper is not responsible for this charge, but the driver! I therefore suggest you take this matter up with that person. Please note I have no legal obligation to name the driver.

The amount claimed constitutes an unlawful penalty, as it is not a genuine pre-estimate of any loss you pretend you have and I further contend that you have no legal authority to pursue any charge.

As you are pursuing the wrong person, you are being put on notice that complaints are being prepared to submit to the BPA and DVLA and I suggest that you cancel this parking charge immediately to save further embarrassment.

However should you wish to pursue this matter further, then you are more than welcome to supply a POPLA code which will result in further appeal points raised.

You should be aware that if you either continue to pursue myself as keeper (with or without supplying a POPLA code), then I reserve the right to raise a claim for my costs and time against you at a court rate of £18 per hour. My costs are not exhaustive and will include stationery, stamps, travel expenses and any legal costs etc., and by continuing to pursue me you agree to pay these should I prevail.

In view of the above, I look forward to receiving your written confirmation by return that this parking charge has been cancelled.

Yours faithfully

xxxxxxxxxx
Registered Keeper

They Replied as follows:

Dear xxxxxxxxx,

Reference: Parking Charge Notice xxxxxxxxx - Lidl xxxxxx Car Park
Parking Charge £90.00 Due Date xxxxxx - Reduced Charge £45.00 Due Date xxxxxx

Thank you for your correspondence in relation to the outstanding parking charge shown above.
You have stated that you were not the driver at the time, but have not advised us in writing who was driving your vehicle.
This is not a valid reason for an appeal and you need to be aware of the latest legislation concerning parking on private land. This is contained in Schedule 4 of the Protection of Freedoms Act 2012(POFA).
The driver is responsible for payment. However under the law we have the right to recover unpaid parking charges from the registered keeper of the vehicle if they do not inform us who the driver was.
Consequently if you do not wish to pay, you must inform us in writing within 28 days the name and address of the driver. The period of 28 days begins the day after which the “Notice to Keeper” was served.
The “Notice to Keeper” you received explains this. Therefore to avoid further action, we look forward to either receiving payment or the name and address of the person who was driving at the time.
You may pay online at xxx.athena-parking, by telephone on 0870 774 4861 / 0844 477 8009,
or by sending a cheque or postal order to the address below.


How Should I respond

Redx

report them to s clark of the BPA and dunford at the dvla for athena failing to give a popla code as requested and as per the recent BPA guidelines , as you correctly mentioned in that appeal

Stroma

I gather no popla code has been provided? As the registered keeper you are allowed to appeal under pofa 2012, so make your complaints to the dvla and bpa, you shouldn't have to ask for the code they should supply it without asking

Coupon-mad

That is a shocking response by Athena seeing as you had several valid appeal points in there. BPA and DVLA email addies are in the NEWBIES FAQs sticky thread near the top of the forum.

Also reply immediately to Athena quoting the BPA/DVLA reminder recently sent to all AOS members:

http://forums.moneysavingexpert.com/showthread.php?p=64401866#post64401866

And as well as reminding them about that, say:

'If you send a Notice to Keeper you should expect the challenge to come from the keeper, which I am. And my appeal included several valid appeal points, any one of which could win at POPLA as you are well aware. POPLA have no trouble considering 'not a genuine pre-estimate of loss' alone as a valid appeal point and I had much more than that in my challenge letter. I will not reduce my appeal to the level that you want, a pathetic mitigating circumstances begging letter that you and I both know would not win at POPLA. And I certainly will not be bullied into trying to find out for your purposes who the driver was on the day, who you allege you have foisted an imaginary contract on. I invite you to cancel this one before the BPA tell you to as I have complained to them about your breach. No-one should have to ask for a POPLA code after appealing; you have breached the BPA CoP so I require you to put the matter right. Lidl should be ashamed to have Athena as their agent since you cannot keep to your own Code of Practice and provide Lidl customers and vehicle keepers with the basic courtesy of consideration of an appeal.'

SevenTowers

Another stonker of a letter from CM!

Boertjie

Thank you for the advice. I will keep you posted.