How to Check If Your PCN Is POFA Compliant
Last updated: April 2026
Checking POFA compliance involves verifying that the parking operator followed every requirement of Schedule 4 of the Protection of Freedoms Act 2012. The key checks are the 14-day time limit for the NTK, the presence of all prescribed information, and whether a valid NTD was issued. Any single failure breaks the chain of keeper liability.
- --Check whether the NTK was served within 14 days (or 29 days if NTD was on the windscreen)
- --Verify that the NTK contains all prescribed information
- --Confirm that a Notice to Driver was given or left on the vehicle
- --Any single POFA failure means keeper liability cannot be established
Key Takeaways
- POFA compliance is checked systematically -- go through each requirement in order
- The 14-day time limit is the most commonly failed requirement
- Keep the original envelope for postmark evidence
- The burden of proving POFA compliance lies with the parking operator, not you
- A POFA failure does not require you to prove anything -- the operator must prove compliance
Find the Date of the Alleged Contravention
Locate the date of the alleged parking event on your Notice to Keeper or the original parking charge notice. This is the starting date for calculating the 14-day time limit. Write this date down clearly.
Check the NTK Posting Date
Look at the date printed on the NTK and check the postmark on the envelope. The postmark is the best evidence of when the NTK was actually posted. If you have discarded the envelope, the date on the NTK itself may help, though it only shows when the letter was generated, not when it was posted.
Tips
- --Always keep envelopes from parking companies
- --If no envelope is available, the NTK date is your best starting point
Calculate Deemed Service
Under the Interpretation Act 1978, a letter sent by first-class post is deemed served on the second working day after posting. Second-class post is deemed served on the fourth working day. Calculate the deemed service date from the postmark. If deemed service falls after the 14th day (or 29th day where NTD was on the windscreen), the NTK is late and keeper liability fails.
Tips
- --Working days exclude weekends and bank holidays
- --If in doubt about the class of post, assume first-class for the most conservative calculation
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Start Your DefenceCheck the NTK for Prescribed Information
Review the NTK against the prescribed content requirements: charge amount, grounds for the charge, how to pay, right to appeal (including the independent appeals service), statement that the keeper is not liable if they name the driver, and a reference to Schedule 4 of POFA 2012. Tick off each element. If any is missing, the NTK is defective.
Tips
- --Read every section of the NTK carefully -- prescribed information is sometimes in the small print
- --The driver-naming statement must be accurately worded
Check Whether an NTD Was Issued
Did you receive a notice on your windscreen at the time of parking, or was a Notice to Driver posted to you? Under paragraph 8 of Schedule 4, an NTD must have been given to the driver or left on the vehicle before keeper liability can arise. If no NTD was issued, the first precondition for keeper liability is not met.
Tips
- --At ANPR-only sites, the NTD is usually posted rather than left on the vehicle
- --If no NTD was received, ask the operator to prove one was issued
Record Your Findings
Document each POFA requirement and whether it was met. Note the specific dates, any missing information, and any evidence you have. This systematic record becomes the foundation of your appeal or court defence. If you have identified one or more failures, you have a strong basis for challenging keeper liability.
Tips
- --Create a simple checklist with pass/fail for each requirement
- --Photograph or scan all documents for your records
Frequently Asked Questions
What is POFA compliance?
POFA compliance means the parking operator followed every requirement of Schedule 4 of the Protection of Freedoms Act 2012. This includes serving the NTK on time with all prescribed information and having issued a valid NTD.
What is the most common POFA failure?
The most common failure is late service of the Notice to Keeper. Delays in obtaining DVLA data and using second-class post frequently push service beyond the 14-day statutory deadline.
Do I need to prove the operator failed POFA?
No. The burden of proving POFA compliance lies with the parking operator. You can simply assert that compliance has not been demonstrated and require the operator to prove it.
Can I check POFA compliance if I discarded the envelope?
Yes, but the postmark is the strongest evidence for the 14-day calculation. Without it, you can still challenge compliance based on the dates on the NTK itself and require the operator to prove timely posting.
Does POFA apply to all parking charges?
POFA Schedule 4 applies to private parking charges on privately managed land in England and Wales. It does not apply to council penalty charge notices, which are governed by separate legislation.
What if only one POFA requirement was missed?
A single failure is sufficient. The conditions for keeper liability are cumulative -- all must be met. If the operator fails on any one requirement, keeper liability does not arise.
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