Am I automatically liable as the registered keeper?

No. Keeper liability only arises if the operator complies fully with POFA Schedule 4 procedure. If the Notice to Keeper was late, missing required content, or the Notice to Driver was non-compliant, keeper liability does not attach and the operator cannot legally pursue you as keeper.

Can I avoid keeper liability by identifying the driver?

Yes. Under POFA Schedule 4, if you provide the driver's full name and address within 28 days of the Notice to Keeper, your liability as keeper ends. The operator must then pursue the driver. However, you cannot be compelled to identify the driver — the right to do so is yours, not an obligation.

Does keeper liability apply to council PCNs?

No. Council Penalty Charge Notices operate under the Traffic Management Act 2004 and the relevant Civil Enforcement of Parking Contraventions regulations. The TMA has its own keeper-targeting mechanism (Notice to Owner) which operates differently from POFA. POFA keeper liability is specific to private land charges.

Keeper Liability

By GetRighted Legal Research TeamLast updated July 2026

Summary

Keeper liability describes the situation where the registered keeper of a vehicle becomes responsible for a private parking charge even if they were not the driver. It exists solely because of Schedule 4 of the Protection of Freedoms Act 2012 (POFA) — there is no common law keeper liability for parking. Before POFA, operators had no route to the keeper unless the driver was identified. The right to pursue the keeper is conditional on the operator following every procedural step in POFA Schedule 4 precisely. Miss a deadline or omit prescribed content, and keeper liability simply does not attach.

The legal basis — keeper liability does not exist at common law

At common law, only the person who entered into the contract (the driver) is liable for breaching it. The registered keeper of a vehicle has no inherent responsibility for how another person parks it. Keeper liability for private parking charges is entirely a creature of POFA 2012 Schedule 4. Outside of POFA, if an operator cannot identify the driver, they have no enforceable claim against the keeper. This is why POFA procedural compliance is so significant — it is the only route to keeper liability.

When keeper liability attaches

Keeper liability attaches when: (1) the operator issues a valid Notice to Driver; (2) the driver does not pay within 28 days and does not identify themselves; (3) the operator sends a compliant Notice to Keeper within the POFA timescales; and (4) the keeper does not, within 28 days, either pay the charge or provide the driver's name and address. Once those conditions are met, the keeper is treated as the debtor for the purposes of any county court claim. Importantly, the keeper can still appeal the charge on its merits — keeper liability does not mean the charge is valid.

Key point: keeper liability ≠ automatic debt

Even if keeper liability properly attaches under POFA, the charge is still a civil claim that the operator must pursue in court if you refuse to pay. The keeper has the same appeal rights on the merits — signage, ANPR error, genuine customer, excessive charge — as the driver would. Keeper liability simply determines who can be sued; it does not determine whether the underlying charge is valid.

Defences specific to keeper liability claims

✓POFA non-compliance: was the Notice to Keeper sent within the correct timescale and with the prescribed content?
✓Driver identification: if you can and do identify the driver (name and address) within 28 days of the NtK, keeper liability ends and the operator must pursue the driver instead.
✓Fleet operator exemption: POFA Schedule 4 para 13 provides specific provisions for hire companies and fleet operators — check if they apply.
✓Wrong keeper: if you were not the registered keeper at the time of the parking event, DVLA records are the reference point — check your V5C.
✓POFA does not apply: confirm the operator is actually relying on POFA keeper liability, not claiming you were the driver.

Sources

Protection of Freedoms Act 2012, Schedule 4, paras 4–9
POFA 2012, Schedule 4, para 13 — fleet/hire exemptions

Frequently Asked Questions

Am I automatically liable as the registered keeper?: No. Keeper liability only arises if the operator complies fully with POFA Schedule 4 procedure. If the Notice to Keeper was late, missing required content, or the Notice to Driver was non-compliant, keeper liability does not attach and the operator cannot legally pursue you as keeper.
Can I avoid keeper liability by identifying the driver?: Yes. Under POFA Schedule 4, if you provide the driver's full name and address within 28 days of the Notice to Keeper, your liability as keeper ends. The operator must then pursue the driver. However, you cannot be compelled to identify the driver — the right to do so is yours, not an obligation.
Does keeper liability apply to council PCNs?: No. Council Penalty Charge Notices operate under the Traffic Management Act 2004 and the relevant Civil Enforcement of Parking Contraventions regulations. The TMA has its own keeper-targeting mechanism (Notice to Owner) which operates differently from POFA. POFA keeper liability is specific to private land charges.

Got a ticket? Find out if you can win.

GetRighted checks your situation against all known defenses — free in under 2 minutes.

Check My Ticket