Keeper liability under POFA: when the keeper does not have to pay
Private parking charges are owed by the driver. An operator can only pursue the registered keeper instead if it meets every condition in Schedule 4 of the Protection of Freedoms Act 2012.
The conditions
- The operator does not know both the driver's name and a current address for service (para 5).
- It gave a compliant Notice to Keeper, on time (paras 6, 8 and 9).
- It applied to the DVLA for keeper details within the time allowed (para 11).
- Any sign rules set by regulations under para 12 were met. We have not checked whether any such regulations exist.
- The vehicle was not stolen at the start of the parking period (para 4(2)(b)).
The keeper cannot be asked for more than the amount in the Notice to Keeper (para 4(5)).
If any condition fails, the keeper is not liable under Schedule 4. The operator would then have to show who was driving.
Points to know
- You do not have to name the driver. Naming them ends this argument.
- Schedule 4 applies in England and Wales only. It does not apply in Scotland.
- It does not apply on land that is not "relevant land", such as public highways, parking places provided or controlled by a council or other traffic authority, or land where parking is under statutory control, such as byelaws (para 3).
- The operator can only pursue the keeper after 28 days from the notice (para 4(4)).
Check your notice in two minutes
Important
Not legal advice. CarParkLetter is run by Pricing Logic Limited. We provide templates and general information only. We are not solicitors. Check your letter before you send it.
No guarantee of success. Outcomes depend on the facts, the evidence, the operator and the appeals body. If an appeal fails you may still have to pay, possibly without the early payment discount.
Sources
- Protection of Freedoms Act 2012, Schedule 4: https://www.legislation.gov.uk/ukpga/2012/9/schedule/4