What happens if I receive an NtK but was not the driver?

You can respond to the NtK by providing the driver's name and address within 28 days. This transfers liability to the driver and ends your exposure as keeper. Alternatively, you can appeal on POFA non-compliance grounds if the NtK is defective, or appeal the underlying charge on its merits.

Can an operator re-issue an NtK if the first was defective?

No. If the original NtK was out of time or non-compliant, the operator cannot simply re-issue a corrected version. The POFA timescale is a one-time window. A second NtK issued after the first timescale has passed does not cure the defect.

Is an email or text message a valid Notice to Keeper?

No. POFA Schedule 4 requires the NtK to be given by post (or handed directly). Electronic communications do not satisfy the statutory service requirements. An operator who sends only an email cannot rely on it as a valid NtK for keeper liability purposes.

Notice to Keeper (NtK)

By GetRighted Legal Research TeamLast updated July 2026

Summary

The Notice to Keeper (NtK) is the document that triggers keeper liability under POFA 2012 Schedule 4. Without a valid NtK, sent within the correct timescale and containing all prescribed information, the registered keeper cannot be held liable for a private parking charge. Two timescales apply: if a Notice to Driver was handed to the driver at the time, the NtK must arrive within 14 days of the parking event. If no windscreen notice was left, the NtK window is 14 days after the 28-day driver payment period. Courts have struck out claims where the NtK arrived one day late.

What the Notice to Keeper must contain

Under POFA 2012 Schedule 4 para 7, the NtK must state: the vehicle's registration number; a description of the vehicle or photograph; the land on which the event occurred; the period of parking (start and end time, not just date); the charge amount and the basis for it; the deadline for payment; that the keeper may be liable if the driver is not identified; instructions for how to appeal; and the operator's details. Missing any prescribed element can invalidate the NtK. Courts examine NtK wording closely — generic or imprecise notices have been rejected.

The two NtK timescale routes

POFA Schedule 4 para 7(2) sets out two timescale routes. First route (windscreen ticket): the PCN was handed to the driver or left on the vehicle at the time. In this case the NtK must reach the keeper within 14 days of the parking event. Second route (no windscreen ticket / ANPR only): if no notice was handed to the driver, the operator has 28 days to allow the driver to pay, plus a further 14 days to send the NtK — so up to 42 days from the event. The DVLA provides keeper data only to BPA/IPC accredited operators, and only for legitimate notice-issuing purposes.

A single-day deadline miss defeats keeper liability

Schedule 4 para 7 timescales are not aspirational guidelines — they are conditions precedent to keeper liability. Multiple county court and circuit court decisions have held that an NtK sent even one day outside the window destroys the keeper liability claim. If you have the envelope and it is postmarked outside the window, that is strong evidence. Note: the NtK must be 'given' (i.e., sent by post) within the timescale, but the operator typically relies on deemed service rules.

Evidence to gather when challenging an NtK

The original NtK envelope — retain it. The postmark date is critical for timescale challenges.
The date of the original parking event — check against the NtK date carefully.
A copy of the original Notice to Driver (windscreen ticket) if one was left — this determines which timescale route applies.
The full NtK text — compare it against the Schedule 4 para 7 checklist item by item.
Any DVLA SORN records, change-of-keeper records, or V5C if you dispute being the registered keeper at the time.

Sources

Protection of Freedoms Act 2012, Schedule 4, para 7
POFA 2012, Schedule 4, paras 8–9 — prescribed NtK content

Frequently Asked Questions

What happens if I receive an NtK but was not the driver?: You can respond to the NtK by providing the driver's name and address within 28 days. This transfers liability to the driver and ends your exposure as keeper. Alternatively, you can appeal on POFA non-compliance grounds if the NtK is defective, or appeal the underlying charge on its merits.
Can an operator re-issue an NtK if the first was defective?: No. If the original NtK was out of time or non-compliant, the operator cannot simply re-issue a corrected version. The POFA timescale is a one-time window. A second NtK issued after the first timescale has passed does not cure the defect.
Is an email or text message a valid Notice to Keeper?: No. POFA Schedule 4 requires the NtK to be given by post (or handed directly). Electronic communications do not satisfy the statutory service requirements. An operator who sends only an email cannot rely on it as a valid NtK for keeper liability purposes.

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