What happens if I wasn't the driver?
Last updated: June 2025 · 8 min read
If you were not the driver when the parking charge was incurred, the parking company can only hold you liable as the registered keeper if they strictly complied with the keeper liability provisions of POFA 2012. If the required notices were not properly served, you have no liability for the charge.
- --The driver is primarily liable, not the registered keeper
- --Keeper liability only applies if POFA 2012 was strictly followed
- --You do not have to identify the driver
- --Defective Notice to Keeper is one of the strongest defences
Key Takeaways
- Under POFA 2012, the driver is primarily liable for a private parking charge, not the keeper.
- Keeper liability is a fallback that only applies if the parking company followed strict notice requirements.
- The Notice to Keeper must be served within 14 days of the DVLA keeper enquiry response (or the contravention, if on private land with no DVLA enquiry).
- You are under no legal obligation to identify who was driving your vehicle.
- If the Notice to Keeper was late, incomplete, or not served at all, keeper liability fails entirely.
What Applies to You
If you lent your car to a friend or family member
The driver is primarily liable. You are only liable as keeper if POFA 2012 was properly followed.
Check whether a Notice to Keeper was served on time and in the correct format.
Low urgencyIf you are a company car driver or fleet manager
The registered keeper (usually the company) receives the notice. Liability depends on POFA compliance.
Check the company's policy and whether the notice was properly addressed.
Low urgencyIf you did not receive a Notice to Keeper within the required timeframe
Keeper liability has not been established. You should not be liable.
Raise the POFA 2012 non-compliance as your primary defence.
Act soonThe POFA 2012 Keeper Liability Rules
Schedule 4 of the Protection of Freedoms Act 2012 sets out the conditions that must be met before a parking company can hold the registered keeper liable for a charge incurred by someone else. The key requirement is that a Notice to Keeper must be served within 14 days of the keeper's details being obtained from the DVLA. The notice must contain specific prescribed information, and any failure to comply means keeper liability cannot be established.
Do You Have to Name the Driver?
No. Unlike council parking fines and speeding offences, there is no legal requirement to identify the driver of your vehicle in response to a private parking charge. The parking company may ask you to name the driver, but you are under no obligation to do so. Refusing to name the driver does not create any legal presumption of guilt or shift liability to you.
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Answer the QuestionnaireCommon POFA Failures by Parking Companies
The most common failures include serving the Notice to Keeper late (more than 14 days after the DVLA response), omitting required information from the notice, serving the notice to the wrong address, and failing to include the prescribed wording about the right to appeal. Any of these failures is fatal to the keeper liability claim and provides a complete defence.
Frequently Asked Questions
Can the parking company force me to name the driver?
No. There is no legal compulsion to name the driver in a private parking charge case. This is different from statutory offences like speeding, where there is a legal obligation under section 172 of the Road Traffic Act 1988.
What if I name the driver -- does that help?
If you name the driver, the parking company may pursue the driver directly. However, naming the driver does not necessarily release you from keeper liability if the POFA notices were properly served. It can also create complications if the named driver disputes they were driving.
How do I check if the Notice to Keeper was served on time?
The Notice to Keeper should state the date it was sent. Compare this with the date of the DVLA keeper enquiry (which you can request from the DVLA). If more than 14 days have passed between the DVLA response and the date of the notice, it was served late.
What if my vehicle was stolen when the charge was incurred?
If your vehicle was stolen at the time of the alleged contravention, you are not liable as either the driver or the keeper. Provide a crime reference number as evidence.
Does this defence work if the parking company took me to court?
Yes. POFA 2012 non-compliance is one of the strongest and most commonly successful defences in court. If the parking company cannot prove it served the required notices correctly, the claim against the keeper will fail.
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Our defence documents are grounded in the Protection of Freedoms Act 2012, the Consumer Rights Act 2015, and the Pre-Action Protocol for Debt Claims. Customers have used these arguments to get charges dropped and claims discontinued.
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FightMyPCN is a document preparation service, not a law firm. The information on this page is provided for educational purposes only and does not constitute legal advice. Each case is different and outcomes depend on individual circumstances. If you are unsure about your position, consider seeking independent legal advice.