What Is Keeper Liability for Parking Charges?

Last updated: 15 April 2026

Keeper liability is a statutory mechanism under Schedule 4 of POFA 2012 that allows private parking companies to hold the registered keeper of a vehicle liable for an unpaid parking charge, even if they were not the driver. It only applies if the operator follows strict procedural requirements.

--Created by Schedule 4 of the Protection of Freedoms Act 2012
--Only arises if the operator serves a valid Notice to Keeper within the time limit
--The keeper can avoid liability by naming the driver within the required period
--Does not apply to council-issued penalty charge notices

Key Takeaways

Keeper liability is a fallback -- it only applies when the driver cannot be identified
The parking company must comply with every requirement of Schedule 4 to establish keeper liability
A late or defective Notice to Keeper breaks the chain of keeper liability entirely
You are not obliged to name the driver, but doing so transfers liability back to them
Keeper liability does not apply to council parking fines or bus lane penalties

Key Definitions

Keeper

The person by whom the vehicle is kept, as defined by POFA 2012 Schedule 4, paragraph 3. In practice this means the registered keeper recorded at the DVLA.

Keeper liability

The statutory mechanism under POFA 2012 that transfers liability for a parking charge from the unidentified driver to the registered keeper, provided the operator has followed all prescribed requirements.

Notice to Keeper (NTK)

A formal notice served on the registered keeper under Schedule 4, paragraph 9, which must contain prescribed information and be served within the statutory time limit.

How Keeper Liability Works

Before POFA 2012, private parking companies could only pursue the driver of a vehicle for an unpaid charge. Since they rarely know who was driving, most charges were unenforceable. Schedule 4 changed this by allowing liability to be transferred to the registered keeper, but only if the operator follows strict procedural steps including serving a valid Notice to Keeper within the prescribed time limit.

Conditions That Must Be Met

For keeper liability to arise, several conditions must all be satisfied. The land must be relevant land under a valid agreement with the landowner. A notice must have been given to the driver or left on the vehicle. The Notice to Keeper must be served within the time limit and must contain all prescribed information. If any single condition is not met, keeper liability does not arise and the operator must identify the actual driver to pursue the charge.

Naming the Driver

The keeper can avoid liability by providing the name and address of the person who was driving at the time of the alleged contravention. This must be done within the period specified in the Notice to Keeper. If the keeper names the driver, liability transfers to that person and the operator must pursue them directly. There is no legal obligation to name the driver, but choosing not to means keeper liability may apply if all other conditions are met.

When Keeper Liability Fails

Keeper liability fails whenever the operator has not complied with Schedule 4. The most common failures include serving the NTK late (outside the 14-day or 29-day window), omitting prescribed information from the NTK, failing to leave a notice on the vehicle or give one to the driver, and failing to demonstrate a valid contract with the landowner. Any one of these failures is sufficient to defeat keeper liability.

Worried about a parking charge?

Check if your PCN is enforceable

Frequently Asked Questions

What is keeper liability?

Keeper liability is a legal mechanism under POFA 2012 Schedule 4 that allows private parking companies to hold the registered keeper of a vehicle liable for an unpaid parking charge, even if they were not driving at the time.

Do I have to name the driver to avoid keeper liability?

You are not legally obliged to name the driver. However, if the operator has complied with all POFA requirements and you do not name the driver, keeper liability may apply. If the operator has failed any requirement, keeper liability does not arise regardless.

Does keeper liability apply to council parking fines?

No. Keeper liability under POFA 2012 applies only to private parking charges. Council penalty charge notices are governed by separate legislation and have their own enforcement framework.

Can the parking company pursue both the driver and the keeper?

No. Schedule 4 makes clear that keeper liability is an alternative to driver liability. The operator cannot recover the same charge from both the driver and the keeper.

What happens if the NTK was sent late?

If the Notice to Keeper was served outside the statutory time limit (14 days, or 29 days where an NTD was left on the windscreen), keeper liability does not arise. This is one of the strongest defences available.

Is the registered keeper always the person who receives the NTK?

The NTK is sent to the registered keeper as recorded by the DVLA. If you have recently sold the vehicle or the DVLA records are out of date, the NTK may be sent to the wrong person, which can invalidate keeper liability.

Get your defence document

Our AI analyses your parking charge against the law and generates a professional, court-ready defence. Start with a free draft -- no payment needed.

Start Your Free Defence