Letter of Final Demand - can I name the driver

StanNS

Can't thanks you enough for the hard work and all helpful advices! Already got few tickets canceled on POPLA stage, thanks again for saving my family's hard earned money!
Have been away and didn't get on time the Athena PCN for over staying at Lidl car park. Now I'm back and just open the Final Demand letter and have only 3 days left to respond. Kindly asking for your advice
Not sure if I can name the driver at this stage and if so are they obligated to accept it or still can keep me responsible for the charge? I was not the driver at the time and now he lives abroad and have no UK address.
Would it be better if I just use the template from sticky and appeal as The keeper? Just concern that Athena ANPR are no longer a BPA member ( no POPLA option here ) and later my appeal to IPC will be just waste of time?
So, my question here - shall I name the driver or appeal as keeper ?
Any advice is much appreciated. Thank you in advance!

System

If you were a Lidl customer on the day and have receipts / bank statements to prove this then call Lidl Customer Service on 0800 977 7766.

Lidl run the Athena operation at their supermarkets and take a hefty slice of the "fines" there. They will though cancel for genuine customers.

Umkomaas

If no joy from your complaint to Lidl, as IPC PPCs can't pursue the keeper under PoFA (non compliant NtKs) you can safely name the driver and provide his/her foreign address (perfectly acceptable as 'an address for service').

Maybe even better, if the driver is prepared to do it, for them to make the response to Athena admitting being the driver and confirming their address for postal service of any papers. A foreign address is 'out of jurisdiction' for the purposes of any legal action that Athena might contemplate. I expect your case will rapidly find its way into the 'too hard' tray.

But try the complaint to Lidl first.

StanNS

Thanks for our replays! Unfortunately, we are regular Lidl customer, but haven't shop at Lidl that day. The driver did, but doesn't keep receipts and can't provide bank statement as shoping been paid by cash, he doesn't have an UK bank account.
As I have only 2 days now left to respond to their Final demand letter, I think the safest option will be to name him.
Just I am not sure if they will accept it, as they state that I haven't respond to their first letter in 28 days and now I'm responsible to the claim! Not sure if, after naming him now, they have the right to still keep me responsible as Keeper, because I miss the 28 days respond period ?
Any sugestions

Umkomaas

The only way a keeper can possibly be liable is if the PPC meets every requirement of PoFA 2012 - you can be certain that Athena doesn't meet those strict requirements.

If they are pursuing the keeper under PoFA (they obfuscate on their actual intentions here, either to confuse the keeper, or maybe they themselves are confused by it all - aka they haven't got a clue!) the driver can be named at any stage, up to the point of commencing legal proceedings.

Herzlos

They can't impose any such terms, or continue to hold you liable once the driver has been identified.

Not that they won't try and claim otherwise.

StanNS

Thanks for prompt reply.
In their letter of Final demand they state that I have miss the 28 days deadline to appeal or name the driver, so now I'm responsible for the claim. They have not mention that I still have the legal right to name the driver. Can I use this as argument of breaching the PoFa rights by misleading or trying to confuse the poor victims of their scam looting scheme? )

Umkomaas

Just get the driver to contact Athena to say they were the driver and any further communication should be sent to the following (foreign) address.

You're overthinking this if you think anything you now write to Athena will make a blind bit of difference. This is why it would be far more powerful if it came from the driver, who should say that the keeper has now passed on the Athena documentation - as per their instructions (check the NtK) - so that they (the driver) may now deal with it.

Herzlos

Legally, there's no deadline on naming the driver (you could do it on the court steps) but as said, this is Athena so look to be with the IPC so they won't tell you that.

You should be OK to write to them anyway and name the driver, pointing out that it discharges you from any liability, and any further corresponance (beyond confirmation that they are no longer pursuing you) will be considered harassment.

nigelbb

Herzlos wrote: »

Legally, there's no deadline on naming the driver (you could do it on the court steps).

This is not correct. The keeper can absolve themselves of any liability for unpaid parking charges incurred by the driver only by naming the driver prior to commencement of court proceedings. So this can be after a LBA/LBCC but before MCOL.