Late Notice to Keeper (14-Day Rule)
Summary
The 14-day rule under POFA 2012, Schedule 4, Paragraph 9 is one of the most reliably successful defenses available to registered keepers. For ANPR-detected contraventions (no windscreen ticket), the Notice to Keeper must be delivered — not merely posted — within 14 days of the end of the parking period. Postal notices are presumed delivered two working days after posting, but that presumption can be rebutted by the postmark. One day's late delivery defeats keeper liability entirely. Published POPLA outcomes show approximately 85% success where the timing breach is evidenced.
Legal Basis
Protection of Freedoms Act 2012, Schedule 4, Paragraph 9(2): where no Notice to Driver was given, the Notice to Keeper must be delivered within the 'relevant period' — 14 days beginning with the day after the last day of the parking period. Paragraph 9(5): postal notices are 'presumed to have been delivered on the second working day after the day on which it was posted.' Paragraph 4(2): keeper liability applies 'only if' paragraph 9 requirements are satisfied. One late day is fatal to the entire claim against the keeper.
When This Defense Applies
This defense applies to ANPR-enforced private parking charges where no windscreen notice was attached to your vehicle. The 14-day window begins the day after the parking event and ends at delivery on day 14. Keep the envelope. The postmark shows the posting date; add two working days to get the deemed delivery date. If that date falls after day 14 of the window, the notice is late. It does not matter how small the delay is — even one day's late delivery defeats the claim.
How to Check
Work through these steps:
- ✓Note the date and time of the parking event from the PCN
- ✓The 14-day window begins the day after the parking event ends
- ✓Find the postmark on the envelope — this is the posting date
- ✓Add two working days (excluding weekends and bank holidays) to the posting date = deemed delivery date
- ✓If deemed delivery date is after day 14 of the window, the notice is late
- ✓Keep the envelope as evidence
Win Rate
Approximately 85% success rate at POPLA where the timing breach is evidenced by the envelope postmark. This is one of the two or three most reliable technical defenses under POFA, alongside incorrect notice content.
Operator-Specific Patterns
Met Parking Services: Frequently late with notices, particularly when DVLA data requests are delayed over bank holiday periods. Check postmarks carefully on any Met notice. UKPC: Occasionally exceeds the 14-day window on residential sites where their DVLA data turnaround is slow.
Sources
- Protection of Freedoms Act 2012, Schedule 4, Paragraph 9
- Protection of Freedoms Act 2012, Schedule 4, Paragraph 4
Frequently Asked Questions
- I threw away the envelope — is there still a defense?
- The envelope postmark is the strongest evidence. Without it, you can still assert the notice arrived after 14 days based on the date you received it, but the operator will dispute this. If you can establish the contravention date and show the notice date on the letter itself is more than 12 days later (allowing for two-day postal delivery), that helps. Going forward: always retain the envelope for any official-looking letter.
- The operator says they sent it in time — how do I prove otherwise?
- The postmark is your evidence. If the operator claims they posted within time but the postmark is later, the postmark prevails. Operators sometimes print a date on the notice that precedes the posting date — the postmark is what matters for the deemed delivery calculation.
- Does this apply if I received a windscreen ticket as well?
- If a windscreen Notice to Driver was issued, a different paragraph of Schedule 4 applies (Paragraph 8, with a 28-day window). The 14-day rule in Paragraph 9 applies only where no Notice to Driver was given — typical in ANPR-only cases.
- If the notice is late, do I still need to do anything?
- Yes — you must formally appeal and raise the POFA timing breach in your representation. POPLA will not dismiss the claim automatically. State clearly in your appeal that the Notice to Keeper was not delivered within the 14-day period required by Schedule 4, Paragraph 9(2), and provide the envelope postmark as evidence.
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