In relation to the appeal text and possbible / likely referring to POPLA - We had a read and thought it was saying that if asked you had to then reveal the driver as long as someone knows - or is that only if it gets as far as court and in this case it wouldn't as they would fail at POPLA - thank and apoligies if this is a silly question!
No, you are not legally required to reveal the identity of the driver at any stage of the appeal process, including with the operator, POPLA, or even in civil court proceedings.
During the appeal, you do not have to name the driver. If the parking operator has not complied with the Protection of Freedoms Act 2012 (Schedule 4), then they cannot hold the keeper liable, and the appeal should succeed on that basis. POPLA looks at whether the operator has met the legal conditions to pursue the keeper. If they haven’t, the identity of the driver doesn’t matter.
If it goes to court, you are still not compelled to identify the driver. The burden of proof is entirely on the claimant to prove who was driving. You are not required to help them, deny anything, or provide any evidence that supports their claim. Choosing not to name the driver is a lawful and strategic choice, not a breach of law.
The confusion often comes from criminal law, specifically Section 172 of the Road Traffic Act 1988. That applies to police-issued Notices of Intended Prosecution, not private parking. Even under that law, while there is a duty to respond, people still have the right not to incriminate themselves, though they may face separate penalties for not complying.
So in short: no, you don’t have to name the driver. Not in the appeal. Not in court. Not ever. And if the operator has failed POFA compliance, the keeper cannot be held liable.