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POFA 2012, Schedule 4, Para 7 — Notice to Driver Requirements

By GetRighted Legal Research TeamLast updated July 2026

Summary

Protection of Freedoms Act 2012, Schedule 4, Paragraph 7 specifies the exact content a Notice to Driver (windscreen ticket or handed notice) must contain. The list is exhaustive: vehicle details, land location, parking period, charge amount, discount details, dispute resolution information, creditor identity, and date. Paragraph 7(4) requires the notice to be affixed to or handed to the vehicle while stationary. A notice missing any mandatory element is not a valid Paragraph 7 notice, which means the conditions in Paragraph 5 are not satisfied, which means the subsequent Notice to Keeper (and keeper liability) falls away.

Operative Text

Paragraph 7(2): The notice must specify: (a) the vehicle; (b) the relevant land; (c) the parking period; (d) information about the parking charge requirements and circumstances giving rise to the charge; (e) the total unpaid parking charges; (f) any discount and time limit for discounted payment; (g) details of the dispute resolution arrangements; (h) the name of the creditor and payment details; (i) the date of the notice. Paragraph 7(4): The notice must be affixed to or handed to the vehicle while it is stationary on the relevant land, or handed to the person who appears to be in charge of it, before the vehicle is removed from the land.

What This Means for Your Ticket

If you received a windscreen ticket, check it against the Paragraph 7 list. Every element must be present. Common missing elements: no dispute resolution details (POPLA or IAS contact); no stated discount for early payment; creditor name is a trading name without legal identity; date missing or illegible. If even one element is absent, the Notice to Driver is defective — the Paragraph 5 condition is not met — and keeper liability under Paragraph 4 does not arise.

Check Your Windscreen Ticket Against Para 7

Go through each mandatory element:

  • ✓Vehicle registration number — must match your vehicle
  • ✓Relevant land — specific location of the car park
  • ✓Parking period — dates and times of entry and exit
  • ✓Nature of the charge and circumstances — what triggered the charge
  • ✓Total unpaid parking charges — specific amount
  • ✓Discount offer — early payment reduction and deadline
  • ✓Dispute resolution — POPLA or IAS details
  • ✓Creditor identity — full legal name of the parking operator
  • ✓Date of the notice

Impact on Appeal Outcomes

Where a Notice to Driver is defective, keeper liability is defeated — approximately 80% success when combined with other POFA grounds. Notice content defects are less commonly raised than timing defects but are equally effective.

Sources

  1. Protection of Freedoms Act 2012, Schedule 4, Paragraph 7
  2. https://www.legislation.gov.uk/ukpga/2012/9/schedule/4

Frequently Asked Questions

Does a defective Notice to Driver affect the claim against the driver?
The claim against the driver is primarily contractual (did the driver accept the terms?), not dependent on POFA. A defective Para 7 notice primarily defeats the keeper liability chain. The driver's own liability is a separate analysis.
What if the discount is there but expressed unclearly?
The requirement is that discount details are included — vague or obscure discount information may still satisfy the literal requirement. However, if the discount offer is so buried or unclear that a reasonable person would not identify it, that supports a BPA Code signage compliance argument.
The ticket shows a trading name — is that the 'creditor identity'?
The creditor must be identifiable. A trading name without any legal identity (company number, registered address) may be insufficient. However, if the trading name is clearly associated with a known company, adjudicators have sometimes accepted it. Challenge the creditor identification if the entity is not clearly and legally identifiable.
Does Para 7 apply to notices given to the driver by hand?
Yes — Paragraph 7 applies to notices affixed to the vehicle and notices handed to the person in charge of it. Both routes require all mandatory elements.

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