Can an operator issue a Notice to Driver by post after the event?

No. For POFA purposes a Notice to Driver must be given at the time — it is a contemporaneous document. A letter sent days later may function as a charge notice but it does not constitute an NtD under POFA Schedule 4 para 3. The operator would then need to rely on the ANPR-only NtK route under para 7(2)(b).

Does a defective Notice to Driver automatically cancel my charge?

Not automatically — but it does break keeper liability. You would still need to raise it in an appeal. For keeper liability claims (where you are the registered keeper but were not driving), a defective NtD is a strong ground. If you were the driver, keeper liability is irrelevant and you would need to rely on other grounds.

What if the windscreen ticket was removed before I saw it?

The operator needs evidence that the NtD was actually left. Many ANPR-fitted operators photograph the windscreen ticket being placed. If you have evidence it was removed by a third party before you returned, this may be a mitigating circumstance, but it does not technically prevent the operator from relying on the NtD for POFA purposes — the obligation is to leave it, not to ensure the keeper reads it.

Notice to Driver (NtD)

By GetRighted Legal Research TeamLast updated July 2026

Summary

The Notice to Driver (NtD) — sometimes called the windscreen ticket on private land — is the first document in the POFA keeper liability chain. It must be handed to the driver or left on the vehicle at the time of the alleged breach. Under POFA 2012 Schedule 4 para 4, the NtD must offer the driver an opportunity to pay or appeal. If no NtD was issued at the time (ANPR-only sites), the operator takes a different POFA route with different timescales. A defective NtD — one missing the appeal right or key information — can break keeper liability even if the Notice to Keeper is otherwise perfect.

What distinguishes a Notice to Driver from a Notice to Keeper

The Notice to Driver (NtD) is issued at the scene — it goes to whoever is in or near the vehicle at the time of the alleged breach, or is left on the windscreen. It is the driver-facing document. The Notice to Keeper (NtK) is the postal document sent to the DVLA-registered keeper after the driver has not paid or identified themselves. Many ANPR-only car parks skip the NtD entirely and go straight to the NtK route; those sites have a different (longer) timescale for the NtK under POFA para 7(2)(b).

Prescribed content for the NtD

Under POFA 2012 Schedule 4 para 4(5), the NtD must: specify the vehicle registration; identify the land; state the period of parking; state the charge; and crucially, give the driver the opportunity to pay or to appeal. The right to appeal is a mandatory element. Some operators' windscreen tickets listed only a payment line without mentioning the internal appeals process — courts have treated this omission as non-compliance with para 4(5), which breaks the keeper liability chain.

No NtD at the scene — a different POFA route

ANPR-only enforcement (no attendant, no windscreen ticket) does not require an NtD. Instead, para 7(2)(b) gives the operator a 28-day window for the driver to pay after receiving the initial charge by post, followed by a 14-day window for the NtK. If an operator issues a windscreen ticket but it is defective, they cannot retrospectively switch to the ANPR-only route — the windscreen ticket route governs.

Checking your Notice to Driver for defects

✓Does it state the vehicle registration number?
✓Does it state the land or car park where the breach occurred?
✓Does it state the period of parking (start and end time)?
✓Does it state the charge amount and the basis for the charge?
✓Does it give the driver a way to appeal — not just a payment line?
✓Was it actually handed to you or left on your vehicle? An NtD posted to you later is not an NtD for POFA purposes.

Sources

Protection of Freedoms Act 2012, Schedule 4, paras 3–5
POFA 2012, Schedule 4, para 4(5) — prescribed NtD content

Frequently Asked Questions

Can an operator issue a Notice to Driver by post after the event?: No. For POFA purposes a Notice to Driver must be given at the time — it is a contemporaneous document. A letter sent days later may function as a charge notice but it does not constitute an NtD under POFA Schedule 4 para 3. The operator would then need to rely on the ANPR-only NtK route under para 7(2)(b).
Does a defective Notice to Driver automatically cancel my charge?: Not automatically — but it does break keeper liability. You would still need to raise it in an appeal. For keeper liability claims (where you are the registered keeper but were not driving), a defective NtD is a strong ground. If you were the driver, keeper liability is irrelevant and you would need to rely on other grounds.
What if the windscreen ticket was removed before I saw it?: The operator needs evidence that the NtD was actually left. Many ANPR-fitted operators photograph the windscreen ticket being placed. If you have evidence it was removed by a third party before you returned, this may be a mitigating circumstance, but it does not technically prevent the operator from relying on the NtD for POFA purposes — the obligation is to leave it, not to ensure the keeper reads it.

Notice to Keeper (NtK)
pofa-non-compliance
ANPR (Automatic Number Plate Recognition)

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