Is a Notice to Owner the same as a Notice to Keeper?

In private parking law, a 'Notice to Keeper' refers to the POFA 2012 document that transfers keeper liability. In council/civil enforcement, the equivalent is the Notice to Owner under TMA 2004. Different legal regimes use different terminology — the NtO is the council document; the NtK is the private operator document.

Can I make formal representations if I only received the NtO (missed the original PCN)?

Yes. The NtO itself triggers the formal representations right. If you did not receive the original PCN (e.g., it was never affixed to your vehicle or was removed), you can still make representations via the NtO on that ground.

What if I was not the driver when the contravention occurred?

Being the registered keeper but not the driver is not itself a defence — keeper liability attaches via the NtO. However, you can name the driver in your representations, and many councils will transfer liability to the driver if the details are provided.

Notice to Owner (NtO)

By GetRighted Legal Research TeamLast updated July 2026

Summary

The Notice to Owner (NtO) is the second formal step in the council PCN escalation process, issued under s.82 Road Traffic Act 1991 (now s.64 Traffic Management Act 2004) when the original PCN has not been paid or informally challenged within the initial period. It is served on the registered keeper — not necessarily the driver — and gives them 28 days to pay at the full penalty or make formal representations. The NtO is the gateway to the independent appeal process: once formal representations are rejected, the keeper has 28 days to appeal to the Traffic Penalty Tribunal.

Why the NtO exists

When a PCN is stuck on a windscreen or handed to the driver, the driver may not be the registered keeper. The NtO gives the registered keeper notice of the PCN and the opportunity to pay or challenge it. It also formally establishes keeper liability — if the keeper does not respond or pay, the council can proceed to a Charge Certificate and enforcement. The NtO must include specified statutory information: the details of the contravention, the penalty amount, the right to make representations, and the grounds on which representations can be made.

Formal representations via the NtO

The NtO triggers the formal representations right. During the initial PCN period (before NtO), representations are informal. After the NtO is issued, representations become formal and must be considered by a qualified adjudication officer at the council. The council must serve a notice of rejection (if rejecting) or a notice of acceptance within 56 days. If the council fails to respond within 56 days, the PCN is cancelled by default (adjudicators have consistently held this).

Grounds for formal representations

The statutory grounds for formal representations to a NtO are set out in Regulation 4 of the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007. They include: the contravention did not occur; the PCN was not issued in accordance with the relevant provisions; the alleged contravention occurred in an area where the council has no enforcement powers; the vehicle was in an exempt category; and mitigating circumstances or procedural failure.

Responding to a Notice to Owner

✓Note the 28-day deadline from the NtO date — this is strict.
✓Decide: pay (at the full penalty — no 50% discount at this stage), or make formal representations.
✓If representing: write a formal letter citing the specific grounds under the 2007 Regulations.
✓Include all evidence: photographs, receipts, medical certificates, dashcam footage.
✓Send by recorded delivery and keep a copy with the proof of postage.

What happens if you miss the NtO deadline

If the keeper neither pays nor makes formal representations within 28 days of the NtO, the council may issue a Charge Certificate increasing the penalty by 50%. Once the Charge Certificate is registered at the Traffic Enforcement Centre, the keeper's right to challenge is largely extinguished — only a statutory declaration (available in limited circumstances within 21 days of the TEC order) can revive it.

Sources

Traffic Management Act 2004, s.64
Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007 (SI 2007/3482)
Road Traffic Act 1991, s.82

Frequently Asked Questions

Is a Notice to Owner the same as a Notice to Keeper?: In private parking law, a 'Notice to Keeper' refers to the POFA 2012 document that transfers keeper liability. In council/civil enforcement, the equivalent is the Notice to Owner under TMA 2004. Different legal regimes use different terminology — the NtO is the council document; the NtK is the private operator document.
Can I make formal representations if I only received the NtO (missed the original PCN)?: Yes. The NtO itself triggers the formal representations right. If you did not receive the original PCN (e.g., it was never affixed to your vehicle or was removed), you can still make representations via the NtO on that ground.
What if I was not the driver when the contravention occurred?: Being the registered keeper but not the driver is not itself a defence — keeper liability attaches via the NtO. However, you can name the driver in your representations, and many councils will transfer liability to the driver if the details are provided.

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