Notice to Keeper: Legal Requirements Under POFA 2012
Last updated: 15 April 2026
A Notice to Keeper (NTK) is a formal notice that must be served on the registered keeper within 14 days of the parking event (or 29 days if an NTD was left on the windscreen). It must contain prescribed information set out in Schedule 4 of POFA 2012. Failure to meet any requirement means keeper liability cannot be established.
- --Must be served within 14 days (or 29 days where NTD was left on the vehicle)
- --Must contain all prescribed information including appeal rights and a driver-naming statement
- --Must reference Schedule 4 of POFA 2012
- --Missing or late NTK means the operator cannot pursue the keeper
Key Takeaways
- The 14-day time limit runs from the day after the alleged contravention
- The NTK must contain specific prescribed information or it is invalid
- Deemed service dates under the Interpretation Act 1978 affect the calculation
- The keeper-naming statement must be accurate and correctly worded
- A defective NTK is one of the most common and effective defences
Key Definitions
Time Limits for Serving the NTK
The NTK must be served on the registered keeper before the end of the period of 14 days beginning with the day after the parking event. Where a Notice to Driver was left on the vehicle, the period extends to 29 days. The date that matters is the deemed service date, not the date of posting. Under the Interpretation Act 1978, first-class post is deemed served on the second working day after posting. Second-class post is deemed served on the fourth working day.
What the NTK Must Contain
The NTK must include the amount of the charge, the grounds for issuing it, details of how to pay, information about the right to appeal (including the independent appeals service), a statement that the keeper is not liable if they name the driver, and a reference to Schedule 4 of POFA 2012. These requirements are mandatory, not directory. Even minor omissions can invalidate the notice.
Common NTK Defects
The most frequent NTK defects include late service (the NTK arriving outside the statutory window), omission of the driver-naming statement, failure to reference POFA 2012, incorrect charge amounts, missing appeal information, and being addressed to the wrong person. Any of these defects is a legitimate basis for challenging keeper liability.
How to Check Your NTK
When you receive an NTK, keep the envelope and note the postmark date. Compare the date of the alleged contravention against the deemed service date. Read through the NTK and check each prescribed element against the statutory requirements. If any element is missing, incomplete, or incorrect, you have a strong basis for arguing that keeper liability has not been validly established.
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What is the 14-day rule for the Notice to Keeper?
The NTK must be served on the registered keeper within 14 days of the alleged parking contravention. If the operator left a Notice to Driver on the windscreen, the period extends to 29 days. Late service means keeper liability cannot be established.
What information must an NTK contain?
The NTK must include the charge amount, the grounds for the charge, payment details, appeal rights (including the independent appeals service), a statement about the keeper's right to name the driver, and a reference to POFA 2012 Schedule 4.
What if my NTK is missing information?
If the NTK omits any prescribed information, it is defective and keeper liability may not have been validly established. This is a strong defence that can be raised at appeal or in court.
Does the postmark date matter?
Yes. The postmark helps establish when the NTK was posted, which is critical for calculating whether deemed service fell within the statutory time limit. Keep the original envelope if possible.
Can the parking company send a corrected NTK?
The legislation does not provide for re-service of a defective NTK. If the original NTK was defective or late, the operator has missed their opportunity. A second NTK sent after the time limit does not cure the original failure.
What if I never received the NTK?
The burden is on the operator to prove that the NTK was sent within the time limit. If they cannot produce evidence of timely posting, their claim on a keeper liability basis is significantly weakened.
Is the NTK the same as the initial parking charge notice?
No. The initial parking charge notice (often called the Notice to Driver or NTD) is given to the driver or left on the vehicle. The NTK is a separate, later notice sent to the registered keeper by post. Both must comply with their own requirements.
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- What Is Keeper Liability for Parking Charges?
Keeper liability lets parking companies pursue the registered keeper instead of the driver. Learn how POFA 2012 Schedule 4 works and when keeper liability fails.
- Notice to Driver: What a Valid NTD Must Contain
A Notice to Driver (NTD) must meet specific requirements before a parking company can pursue the keeper. Learn what a valid NTD must contain and common defects.