POFA 2012 Non-Compliance: Your Strongest Parking Charge Defence

The Protection of Freedoms Act 2012 (Schedule 4) created a framework allowing private parking operators to pursue the registered keeper of a vehicle (not just the driver) for unpaid parking charges. However, to gain this right, the operator must follow strict procedural requirements. The most important is the timely service of a Notice to Keeper (NTK) -- a formal letter to the registered keeper containing specific information about the charge. If the operator fails to serve a compliant NTK within the required timeframe, they lose the right to hold the keeper liable. Since most operators cannot identify the driver, this effectively kills the claim.

• The Notice to Keeper was served more than 14 days after the alleged contravention
• The NTK was served more than 14 days after the end of a relevant period (e.g., the period covered by a parking session)
• The NTK does not contain all the required prescribed particulars
• No Notice to Keeper was ever served
• The operator did not give a ticket to the driver at the time of the alleged contravention and is relying solely on the NTK
• The date on the NTK or the postmark shows it was sent outside the 14-day window

1. 1.Obtain a copy of the Notice to Keeper if you do not have one. Request it from the operator.
2. 2.Note the date of the alleged contravention as stated on the parking charge notice or NTK.
3. 3.Note the date of the NTK itself and, if possible, the postmark on the envelope.
4. 4.Calculate whether the NTK was served within 14 days. The day of the contravention is day zero; the NTK must be received by day 14.
5. 5.Check the NTK contains all prescribed particulars: the amount, the grounds for the charge, how to pay, how to appeal, and the consequences of not paying.
6. 6.If the NTK is late or non-compliant, state clearly in your defence that the operator has failed to comply with Schedule 4, Paragraph 8 of the Protection of Freedoms Act 2012.
7. 7.Cite that without a compliant NTK, the operator cannot establish keeper liability and the claim must fail.

• 1.You received a letter 3 weeks after the alleged overstay. The NTK is dated 18 days after the contravention -- outside the 14-day window. The operator cannot pursue you as the keeper.
• 2.The NTK arrived within 14 days but does not state how to appeal the charge. The NTK is missing prescribed particulars and is non-compliant.
• 3.You were not the driver and no ticket was placed on the windscreen. The operator's only route to liability is through a compliant NTK, which was never sent.
• 4.The operator claims they served the NTK in time, but the postmark on the envelope shows it was posted on day 15. First-class post is deemed served the second working day after posting.