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POFA 2012 Non-Compliance — Keeper Liability

By GetRighted Legal Research TeamLast updated July 2026

Summary

Protection of Freedoms Act 2012, Schedule 4 is the only legal mechanism by which a private parking operator can pursue the registered keeper rather than the driver. Paragraph 4 makes clear that keeper liability applies ONLY IF every condition in the Schedule is met. The most exploited failure is Paragraph 9: where no windscreen ticket was issued (typical ANPR), the Notice to Keeper must arrive within 14 days of the parking event. Published POPLA outcomes show an 80% success rate where strict POFA non-compliance is demonstrated. Check the postmark on your envelope — one day late destroys the claim entirely.

Legal Basis

Protection of Freedoms Act 2012, Schedule 4, Paragraph 4(2): the keeper liability right applies 'only if' the conditions in paragraphs 5, 6, 11, and 12 are met. Paragraph 9(1): where no notice to driver was given, the notice to keeper must be 'delivered within the relevant period' — 14 days of the end of the parking period. Postal notices are 'presumed to have been delivered on the second working day after the day on which it was posted.' Failure of ANY single condition defeats keeper liability entirely.

When This Defense Applies

This defense applies when you were not the driver of the vehicle at the time of the alleged contravention. Once you state you were not the driver, the operator must prove keeper liability transferred under POFA Schedule 4. Common failures: Notice to Keeper arrived more than 14 days after the event; notice was missing mandatory information (vehicle details, unpaid amount, invitation to name the driver, dispute resolution information); operator cannot prove they obtained keeper details from DVLA before sending the notice.

What to Check

Verify each of the following against your notice:

  • ✓Did a Notice to Keeper (not just a PCN) arrive? It must be a separate document meeting para 8 or 9 requirements
  • ✓Retain the envelope — the postmark date is evidence of when it was sent
  • ✓Calculate: contravention date + 14 days = last valid delivery date for ANPR cases
  • ✓Check the notice contains: vehicle details, land location, parking period, unpaid amount, invitation to pay or name the driver, warning of keeper liability, dispute resolution information, creditor identity
  • ✓If a windscreen ticket was also issued, the 28-day para 8 route applies instead — check that timing too

Win Rate

Approximately 80% success rate at POPLA where strict POFA Schedule 4 non-compliance is evidenced. This is one of the highest-success technical grounds available to keepers.

Operator-Specific Patterns

ParkingEye: High volume operator — occasionally misses the 14-day window on busy sites. Check postmark carefully, particularly for notices from their Chorley processing centre. Met Parking Services: Known for late notices, particularly when DVLA data is delayed over bank holiday periods.

Sources

  1. Protection of Freedoms Act 2012, Schedule 4, Paragraph 4
  2. Protection of Freedoms Act 2012, Schedule 4, Paragraph 9
  3. Excel Parking v Cutts [2016]

Frequently Asked Questions

I was the driver — can I still use POFA grounds?
POFA Schedule 4 is specifically about keeper liability when the keeper and driver are different people. If you were the driver, the operator pursues you directly under contract, not under POFA. You would need a different defense such as inadequate signage or grace period.
The notice arrived on day 14 — is that within time?
POFA Schedule 4 Paragraph 9(5) says postal notices are 'presumed to have been delivered on the second working day after the day on which it was posted.' The 14-day clock runs from the end of the parking period to delivery (not posting). If the postmark is day 12 and the second working day after that falls outside 14 days, the notice is late.
What if the operator just says they posted it in time?
They must prove it. The postmark on the envelope you retained is evidence of posting date. If there is no postmark or they cannot produce proof of posting within the required window, the presumption of delivery does not operate in their favour.
Can I name the driver and end the keeper liability issue?
You can name the driver if you choose. However, if the POFA notice is defective, you are not required to do so — and doing so may shift liability to the driver without that being necessary. Evaluate whether the POFA defect alone defeats the claim before deciding to name anyone.

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