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POFA 2012, Schedule 4, Para 8–9 — Notice to Keeper and 14-Day Rule

By GetRighted Legal Research TeamLast updated July 2026

Summary

Protection of Freedoms Act 2012, Schedule 4, Paragraph 9 is the 14-day rule — one of the most reliably successful defenses in private parking appeals. For ANPR-detected contraventions where no windscreen notice was issued, the Notice to Keeper must be delivered within 14 days of the end of the parking period. Postal notices are presumed delivered two working days after posting. If the notice arrives even one day late, keeper liability under Schedule 4 is entirely defeated. Published POPLA data shows approximately 85% success where this timing breach is evidenced by the envelope postmark.

Operative Text

Paragraph 8 (after Notice to Driver): Notice to Keeper must be delivered within the relevant period — 28 days following the 28-day period after the driver notice. Must contain all information required by para 8(2)(a)-(i). Paragraph 9 (direct/ANPR — 'The 14-Day Rule'): Where NO windscreen ticket was issued, the notice to keeper must be DELIVERED within 14 days of the end of the parking period. Postal notices are presumed delivered on the second working day after the day on which it was posted. Must contain all mandatory information in para 9(2)(a)-(i). If the notice arrives even ONE day late, keeper liability under PoFA is entirely defeated.

What This Means for Your Ticket

For the vast majority of modern private parking charges (ANPR-based, no windscreen ticket), Paragraph 9 applies. The keeper must receive the notice within 14 days of the parking event ending. The two working day postal presumption means: if a letter is posted on day 12, its deemed delivery date is day 14 — just within time. If posted on day 13, deemed delivery is day 15 — out of time. Retain the envelope. The postmark is critical evidence.

How to Calculate the 14-Day Window

Work through this calculation with your notice:

  • ✓Day 0: date and time the parking period ended (from the PCN)
  • ✓Days 1–14: the window for delivery of the Notice to Keeper
  • ✓Check the postmark on the envelope — this is the posting date
  • ✓Add two working days (Mon–Fri, excluding bank holidays) to the posting date = deemed delivery date
  • ✓If deemed delivery date > day 14 = notice is late = keeper liability defeated
  • ✓Keep the envelope — photograph both sides

Impact on Appeal Outcomes

Approximately 85% success at POPLA where the 14-day breach is evidenced. This is the most reliable technical timing defense under POFA and should be checked first in any ANPR-based case.

Sources

  1. Protection of Freedoms Act 2012, Schedule 4, Paragraphs 8 and 9
  2. https://www.legislation.gov.uk/ukpga/2012/9/schedule/4

Frequently Asked Questions

What if there was a windscreen ticket AND an ANPR record?
If a Notice to Driver was given (windscreen ticket), Paragraph 8 applies instead of Paragraph 9. The Paragraph 8 window is 28 days after the 28-day period following the driver notice — much longer. The 14-day rule only applies where no driver notice was given.
The postmark is smudged — what can I do?
If the postmark is illegible, ask the operator to prove they posted within the 14-day window. They must discharge that evidential burden. If they cannot prove timely posting, the presumption of delivery cannot be established. Also check whether the notice itself is dated and whether the date is consistent with timely posting.
Is there any way the operator can cure a late notice?
No. The statutory conditions must be met in the first instance. There is no power to serve a corrected or late notice and revive keeper liability after the window has passed. The operator's only recourse is to pursue the driver directly if identified.
What mandatory information must the Para 9 Notice to Keeper contain?
Paragraph 9(2)(a)-(i): vehicle details, relevant land, parking period, statement that driver notice was not given, unpaid amount, invitation to pay or name the driver, warning of keeper liability after 28 days, dispute resolution details, and creditor identity. All must be present.

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