Keeper Liability Transfer
Summary
Keeper liability transfer is the mechanism under POFA 2012 Schedule 4 by which a registered keeper ends their own liability for a private parking charge by identifying the driver. Within 28 days of a compliant Notice to Keeper, the keeper may provide the driver's full name and address. If they do, their keeper liability ends — the operator must then pursue the identified driver. Transfer is voluntary: keepers are not compelled to identify the driver. However, failing to transfer when you know the driver means you remain the liable party. The transfer must be genuine — providing false driver details is fraudulent and can result in criminal prosecution.
How the transfer mechanism works under POFA
Schedule 4 of the Protection of Freedoms Act 2012, paragraph 5, sets out keeper liability transfer. When a registered keeper receives a compliant Notice to Keeper, they have 28 days to respond. If they provide the name and address of the driver at the time of the alleged breach, their liability as keeper ends. The operator must then pursue the identified driver. The keeper must provide enough information to enable the operator to contact the driver — name and a current address is the minimum required. Providing an outdated or incomplete address does not constitute a valid transfer.
When to consider transferring liability
Liability transfer is appropriate when the registered keeper genuinely knows who was driving and can lawfully provide that information. It makes sense when the driver was someone else entirely — a family member, an employee using a company vehicle, or a friend who borrowed the car. It does not make sense where the charge is clearly invalid (wrong ANPR read, inadequate signage, POFA non-compliance) — in those cases, the keeper should appeal the charge on its merits rather than redirecting it to the driver.
False driver details — a serious criminal risk
Some keepers are tempted to provide a fictitious or unconnected person as the 'driver' to defeat the claim. This constitutes perverting the course of justice and/or fraud. Courts have prosecuted individuals who provided false driver details to parking operators. Do not take this route. If you do not know who was driving, say so — you are not obliged to identify the driver and cannot be penalised for failing to do so.
Deciding whether to transfer keeper liability
- ✓Is the charge valid? If not, appeal on the merits rather than transferring — you are still the stronger position as keeper with POFA defences available.
- ✓Do you know who was driving? If genuinely yes, consider whether transferring is fair and whether the driver has valid defences of their own.
- ✓Is the Notice to Keeper compliant? If not, keeper liability may not attach at all — check before transferring.
- ✓Provide the driver's current full name and address — an incomplete or outdated address does not complete the transfer.
- ✓Retain a copy of the transfer response you sent, with the date — the operator must then direct all correspondence to the driver.
Sources
- Protection of Freedoms Act 2012, Schedule 4, para 5 — keeper liability transfer
- Protection of Freedoms Act 2012, Schedule 4, para 13 — fleet/hire provisions
Frequently Asked Questions
- Am I obliged to identify the driver?
- No. You are not legally obliged to identify the driver of your vehicle to a private parking operator. POFA Schedule 4 gives you the right to transfer liability, not an obligation. If you do not identify the driver, you remain the keeper-liable party, but the operator still needs to prove the charge is valid to pursue you.
- Can I transfer liability to a company (e.g., for a fleet vehicle)?
- POFA Schedule 4 paragraph 13 sets out specific provisions for fleet vehicles and hire cars. Fleet operators have a separate process. For standard keeper liability transfer, the name and address of the individual driver is required. Providing a company name without a driver's name does not constitute a valid transfer under the standard para 5 route.
- What happens if I miss the 28-day transfer window?
- If you do not respond to the Notice to Keeper within 28 days — either by paying, appealing, or providing driver details — keeper liability becomes final (assuming POFA was otherwise correctly followed). You cannot retroactively transfer liability after the window closes. If the NtK was defective, POFA non-compliance may mean keeper liability never properly attached regardless.
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