Athena/Lidl refusing to review appeal/not giving POPLA

Haz2112

Hey!

Sorry If this has been covered already but I couldn't find it. So my car was parked in a Lidl car park after it had closed and it was there more than the specified time and didn't see the signs because it was already dark at the time I parked.

I'm currently at university away from home and consequently I didn't know I had a parking charge until someone at my home address saw 'Final Demand'. I send the template letter to Athena, and they have replied stating

'We are contracted to manage the site at which the alleged parking incident took place by the owner of the land.

The terms and conditions of the car park are clearly displayed on signs in prominent places.

All written appeals should be submitted within 28 days of delivery of the notice. As you have failed to do this we are unable to review your appeal.

Your charges remain outstanding and we advise you to contact us and make payment'

They haven't given me a POPLA, so I was wondering if there was any way to get this without having to name the driver?

Many Thanks

Haz2112

ColliesCarer

Hi Haz2112

There is nothing to stop them accepting a late appeal from the registered keeper - providing they are willing to do it - which it seems they are not.
The RK could respond saying the above in the hopes they may change their position but in all honesty now that they have seen it's a forum supported appeal they are even more unlikely to relent because they know they would lose at POPLA.

So if the RK and the driver are not the same person the best chance of being able to get a POPLA code out of them is for the RK to name the driver and provide the driver's address. This discharges RK liability and re-sets the clock. The driver can still win at POPLA using the known winning arguments.

A PCN should then be sent to the driver in their own name and the same template appeal can be sent (but as the driver) in response.

kirkbyinfurnesslad_2

Athena don't do court in any case

Haz2112

So I've replied with the name and address of the driver at the time, however they've responded with the exact same template as in my first post...its doesn't even make reference to me talking about the driver...

Coupon-mad

Complain to the BPA/DVLA by email as per the email addresses shown in post #6 in the NEWBIES thread.

Haz2112

Very quick response from the DVLA, although not the answer I was hoping for:

'Thank you for your email regarding this matter, however, disputes regarding an organisations processes following an appeal should be raised with the British Parking Association using the email address aos@britishparking.co.uk


I do note that the appeal and the notification of who the driver was at the time was submitted after the 28 days permitted to submit an appeal or a representation. If the appeal or driver notification was submitted earlier, I would suggest providing the British Parking Association with this information to allow them to fully investigate the circumstances.'

Is he correct?

I hope the BPA are more helpful...

ColliesCarer

No that's not correct - the keeper can name the driver at any time providing court proceedings have not been initiated against the keeper - see link below for an explanation of why POFA 2012 does not mean that if it's not done within 28 days it can't be done at all.

https://forums.moneysavingexpert.com/discussion/comment/65287197#Comment_65287197

Unfortunately it's yet another example of the industry trying to interpret the law in their favour and I'm including the DVLA in that definition of "industry" because they're now making ~£6 million/year from registered keeper requests at £2.50 a pop

EDIT: Forgot to say that if you scroll further down that thread there is an example of the explanation having been turned into a letter

Stroma

They won't make a claim as they have the information to who was driving, so making a claim knowing they have the wrong person will probably have them for contempt. And as been mentioned these morons don't do court.

Umkomaas

Haz2112 wrote: »

Very quick response from the DVLA, although not the answer I was hoping for:

'Thank you for your email regarding this matter, however, disputes regarding an organisations processes following an appeal should be raised with the British Parking Association using the email address aos@britishparking.co.uk


I do note that the appeal and the notification of who the driver was at the time was submitted after the 28 days permitted to submit an appeal or a representation. If the appeal or driver notification was submitted earlier, I would suggest providing the British Parking Association with this information to allow them to fully investigate the circumstances.'

Is he correct?

I hope the BPA are more helpful...

I would respond and ask the DVLA to give a clear, unequivocal definition of the time available under PoFA 2012 for the RK to provide the name and serviceable address of the driver to the PPC so that any liability the RK might have is legally discharged.

See what that brings - will be a start to flushing them out on this.

Haz2112

Thank you for the responses!

I've sent a similar email with all correspondents I've had with Athena to the BPA and received this more positive response:

'Many thanks for your e-mail, the contents of which are noted.

I would say that this is something that we should look into and by copy I am asking my investigation team to open the case – they will make contact with the operator and upon receipt of their response, they will be in contact with you again.'

I'm tempted to inform Athena that their breach has been reported to the BPA and that they're being investigated and also recommend they cancel the charge...

Umkomaas

I'm tempted to inform Athena that their breach has been reported to the BPA and that they're being investigated and also recommend they cancel the charge...

Why not? Seems like a plan. Give them something to chew on, they're pretty keen on dishing grief out in the opposite direction!