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The One POFA 2012 Mistake That Kills Most Parking Charges

If there is one thing that private parking companies get wrong more than anything else, it is the **Notice to Keeper timing requirement** under the Protection of Freedoms Act 2012. This single procedural failure has defeated more parking charges than any other defence argument.

What POFA 2012 Requires

Schedule 4 of POFA 2012 created a mechanism called "keeper liability". This allows parking companies to hold the registered keeper of a vehicle liable for a parking charge, even if they were not the driver.

But keeper liability is not automatic. It only arises if the parking company **strictly complies** with the Act's requirements. The most important requirement is timing.

The 14-Day Rule

If the parking company affixed a notice to the vehicle at the time of the alleged contravention (a windscreen ticket), the Notice to Keeper must be served on the registered keeper within **14 days** of the date of the alleged parking event.

This means:

  • The parking company must obtain your details from the DVLA
  • Draft and post the Notice to Keeper
  • Ensure it is delivered to you within 14 days

    • If the notice arrives on day 15 or later, **keeper liability does not arise**. The parking company can only pursue the driver -- and in most cases, they do not know who the driver was.

    The 29-Day Rule

    If no notice was affixed to the vehicle (common with ANPR camera-only car parks), the parking company has a slightly longer window. The Notice to Keeper must be served within **29 days** of the date the parking company knew both the relevant contravention and the registered keeper's details.

    In practice, this usually means 29 days from when the DVLA provides the keeper's details to the parking company. However, the company must still prove when it received the DVLA data.

    Why So Many Companies Get This Wrong

    The timing requirement catches out parking companies for several reasons:

  • DVLA processing delays: Obtaining keeper data from the DVLA takes time. If there are delays in the DVLA response, the 14-day window can close before the company even has your address
  • Bulk processing: Large operators like ParkingEye process millions of charges. Automated systems can introduce delays between the contravention date and the notice being posted
  • Postal delays: The notice must be served (delivered), not just posted. If first-class post takes longer than expected, the notice may arrive outside the window
  • Weekend and holiday gaps: Contraventions on Fridays or before bank holidays can create timing problems

    • How to Check If Your NTK Was Sent on Time

    Follow these steps to assess whether the parking company complied with the timing requirement:

  • 1.Find the contravention date: This is the date the parking company says you parked in breach of their terms. It will be on the PCN or the Notice to Keeper itself.
  • 2.Check when you received the Notice to Keeper: Look at the date on the notice and when it actually arrived. Check the postmark on the envelope if you still have it.
  • 3.Count the days: From the contravention date to the date the notice was served. Was it within 14 days (if a windscreen ticket was issued) or within the relevant period?
  • 4.Check the notice content: Even if the timing was correct, the notice must contain all prescribed information. Missing information is a separate compliance failure.

    • What to Do If the NTK Was Late

    If the Notice to Keeper was served outside the statutory time limit, your defence is straightforward:

  • Do not admit you were the driver: If you have not already identified yourself as the driver, do not do so now
  • Challenge keeper liability: In any response or defence, state that POFA keeper liability does not arise because the Notice to Keeper was not served within the statutory period
  • Put the company to strict proof: Require them to provide evidence of when the notice was posted and served

    • This is a binary issue. Either the notice was served on time or it was not. If it was not, the parking company's claim against the registered keeper fails regardless of whether you actually parked there and regardless of whether the signage was perfect.

    Why This Defence Is So Effective

    The POFA timing challenge works because:

  • The burden of proof is on the parking company: They must prove compliance, not you
  • It is an objective test: Either the notice was on time or it was not -- there is no room for subjective judgment
  • Many companies cannot prove posting dates: Without contemporaneous evidence of posting, the company cannot demonstrate compliance
  • It defeats the entire claim: Unlike other defences that challenge specific aspects of the charge, a POFA failure removes the legal basis for pursuing the keeper entirely

    • If you are unsure whether the Notice to Keeper in your case was served on time, our defence generator analyses the timeline based on your answers and includes the appropriate POFA challenges in your defence document.

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