POFA 2012 Explained: Your Rights as the Registered Keeper
Schedule 4 of the Protection of Freedoms Act 2012 (POFA 2012) is the single most important piece of law behind almost every private parking appeal in England and Wales. It doesn't ban parking charges — but it puts real, specific limits on when an operator can pursue the registered keeper of a vehicle rather than the actual driver.
Why keeper liability exists at all
Parking operators usually don't know who was driving — only whose name the vehicle is registered to. Ordinarily in English law, you can only sue the person who actually made the contract (the driver). Schedule 4 creates a narrow exception: if an operator follows its rules to the letter, they can instead pursue the registered keeper. Get any part of it wrong, and that right doesn't apply — potentially leaving the keeper with no liability at all.
The strict timing rules
There are two routes, and the timing differs for each:
- No prior notice to the driver: the operator must deliver a valid Notice to Keeper (NTK) within 14 days, beginning the day after the parking period ended.
- A notice was given to the driver first (e.g. left on the windscreen): if that goes unpaid, the operator then has a separate 28-day window to send the NTK to the keeper.
After a compliant NTK is served, the keeper also gets a minimum 28-day period before the operator can attempt to enforce the charge against them — time intended for the keeper to pay, appeal, or identify the actual driver.
What a valid Notice to Keeper must contain
Schedule 4 is specific about the contents, not just the timing. To be valid, the notice must include, among other things:
- The vehicle registration mark, and where and when it was parked
- Confirmation that the parking charge is unpaid, and the amount outstanding
- Details of any discount for early payment
- How to appeal or dispute the charge
- The creditor's identity and how to pay
- A clear statement that the keeper will become liable for the unpaid amount after 28 days if the driver isn't identified
- Confirmation that the operator doesn't know the driver's name and current address
Missing or incorrect details in any of these are among the most common — and most successful — grounds for a POFA-based appeal.
What this means for you
If you've received a Notice to Keeper, it's worth checking the date it was served against the date on the original ticket or parking period, and reading it carefully against the list above. A defect here doesn't guarantee you'll win an appeal, but it is precisely the kind of statutory detail that Claimo.uk checks for when generating your formal appeal letter.
Frequently asked questions
How long does a parking operator have to send a Notice to Keeper?
Without a prior driver notice, 14 days from the day after the parking period ended. With a prior driver notice, a further 28-day window applies for the keeper notice.
Can a parking company make me pay if they don’t know who was driving?
Only if they follow Schedule 4 correctly — including a compliant Notice to Keeper sent within the statutory time limits. Getting this wrong can mean keeper liability never transfers.
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