Does POFA apply to all private parking charges?

POFA Schedule 4 applies in England, Wales, and Scotland. Northern Ireland has separate legislation. It applies to charges on private land, not to council-issued Penalty Charge Notices, which operate under the Traffic Management Act 2004. POFA is also irrelevant if the operator is suing the driver directly (i.e., they have identified the driver).

Can the operator still sue me if POFA is not complied with?

If the operator cannot establish keeper liability under POFA, they can still sue the driver. But if you are the keeper and were not driving, and the operator cannot identify the driver, POFA non-compliance means they have no route to judgment against you as keeper. They would need to identify and sue the actual driver.

What is the significance of the 14-day deadline for the Notice to Keeper?

Under POFA Schedule 4 para 7(2), if the PCN was handed to the driver or left on the vehicle, the NtK must be sent within 14 days of the parking event. If this deadline is missed by even one day, the operator loses the right to pursue the keeper under the POFA route. Courts have enforced this strictly — there is no discretion.

POFA (Protection of Freedoms Act 2012)

By GetRighted Legal Research TeamLast updated July 2026

Summary

Schedule 4 of the Protection of Freedoms Act 2012 solved a long-standing problem for private parking operators: drivers who refused to identify themselves. Before POFA, operators could only claim against the driver — anonymous parking let many charges go unpursued. Schedule 4 created 'keeper liability': if the driver is not identified within 28 days of a compliant Notice to Keeper, the registered keeper becomes liable. But keeper liability is conditional on strict procedural compliance. Paragraph 3–4 (notice to driver), paragraph 7 (notice to keeper timescales), and paragraphs 8–9 (prescribed content) are the most litigated provisions.

The problem POFA was designed to solve

Before 2012, a private parking charge could only be enforced against the person who actually parked the vehicle. Operators had no legal mechanism to pursue the registered keeper if the driver refused to come forward. POFA Schedule 4 granted a statutory right to pursue the keeper — but only if the operator follows a precisely prescribed procedure. The intention was to balance operator enforcement rights against keeper protection from liability for charges they had no knowledge of.

The keeper liability chain — where it breaks

Keeper liability only attaches if: (1) a compliant Notice to Driver was issued (para 3–4); (2) the driver was given the opportunity to pay or appeal (para 4(5)); (3) a compliant Notice to Keeper was issued to the DVLA-registered keeper within 14 days of the PCN (if handed to driver) or 14 days after the 28-day driver payment window expires (if posted). The NtK must contain the prescribed information under para 7. A single procedural failure — wrong dates, missing information, incorrect timescales — means the keeper cannot be held liable, regardless of whether the vehicle parked there.

POFA compliance is your strongest keeper defence

If you are the registered keeper and were not the driver, POFA non-compliance is one of the most reliable appeal grounds. Courts have struck down keeper liability claims for NtK sent one day late, missing mandatory wording, or failing to specify the period of parking correctly. You do not need to identify the driver — the burden is on the operator to prove POFA compliance.

How to check if the operator is POFA-compliant

✓Check the Notice to Keeper date: was it issued within 14 days of the parking event (if the PCN was a windscreen ticket) or within 14 days of the 28-day driver payment period expiring (if no windscreen ticket)?
✓Check the NtK content against Schedule 4 para 7: it must state the vehicle registration, the land where the event occurred, the period of parking, the charge, the payment deadline, and the appeal route.
✓Check para 4(5): the Notice to Driver (or windscreen ticket) must have offered the driver the chance to pay or appeal — a missing appeal right on the original ticket can break the chain.
✓Check para 9: the NtK must warn the keeper that liability passes to them if the driver is not identified.
✓If any element is missing or out of time, document it with a screenshot or scan of the notice and dates received.

Sources

Protection of Freedoms Act 2012, Schedule 4, paras 3–9
POFA 2012, Schedule 4, para 7 — Notice to Keeper timescales

Frequently Asked Questions

Does POFA apply to all private parking charges?: POFA Schedule 4 applies in England, Wales, and Scotland. Northern Ireland has separate legislation. It applies to charges on private land, not to council-issued Penalty Charge Notices, which operate under the Traffic Management Act 2004. POFA is also irrelevant if the operator is suing the driver directly (i.e., they have identified the driver).
Can the operator still sue me if POFA is not complied with?: If the operator cannot establish keeper liability under POFA, they can still sue the driver. But if you are the keeper and were not driving, and the operator cannot identify the driver, POFA non-compliance means they have no route to judgment against you as keeper. They would need to identify and sue the actual driver.
What is the significance of the 14-day deadline for the Notice to Keeper?: Under POFA Schedule 4 para 7(2), if the PCN was handed to the driver or left on the vehicle, the NtK must be sent within 14 days of the parking event. If this deadline is missed by even one day, the operator loses the right to pursue the keeper under the POFA route. Courts have enforced this strictly — there is no discretion.

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