Last reviewed: 30 April 2026 | Sources: Protection of Freedoms Act 2012 Schedule 4, POPLA case law, BPA Code of Practice
TL;DR — Quick Summary
The Protection of Freedoms Act 2012 (PoFA) Schedule 4 sets strict rules for when a private parking operator can pursue the REGISTERED KEEPER rather than the driver. If the operator fails any procedural requirement — wrong dates, missing wording, late service — keeper liability does not arise. You cannot be legally pursued as keeper if PoFA was not followed correctly.
Key Facts
- ANPR cases (no windscreen ticket): Notice to Keeper must be served within 14 days of the parking event
- Windscreen ticket cases: Notice to Keeper must be served between 28 and 56 days after the event
- Notice must specify: the period of parking (not just entry/exit times), the amount due, the creditor's identity, and the POPLA/IAS appeals route
- You are NOT legally obliged to name the driver — silence does not mean you admit you were driving
- If PoFA is not complied with: the operator can only pursue the driver, not the keeper
- Supreme Court authority: ParkingEye v Beavis [2015] UKSC 67 — charges lawful in principle but procedural compliance still required
What is the Protection of Freedoms Act 2012?
The Protection of Freedoms Act 2012 (PoFA) introduced Schedule 4, which created a legal mechanism allowing private parking operators to transfer liability for an unpaid parking charge from the driver of a vehicle to its registered keeper. Before PoFA, operators could only pursue the actual driver — who was often unknown to them. Schedule 4 allows them to go to the DVLA for keeper details and then pursue the keeper instead — but only if they comply with every procedural requirement set out in the statute.
This is the most powerful and most frequently misused legal tool in private parking enforcement. Many charges fail on PoFA grounds alone because operators issue Notices to Keeper too late, with missing mandatory content, or without following the correct sequence of documents.
The two PoFA routes: ANPR and windscreen ticket
The procedural requirements differ depending on whether a physical windscreen ticket was placed on the vehicle at the time of the alleged contravention or whether enforcement was entirely by ANPR camera (no attendant at the site).
| Enforcement type | Notice to Keeper deadline | PoFA paragraph |
|---|---|---|
| ANPR only (no windscreen ticket) | Must be served within 14 days of the parking event | Schedule 4, paragraph 9(4) |
| Windscreen ticket issued at time of event | Must be served between 28 and 56 days after the event | Schedule 4, paragraph 8(5) |
Service is deemed to occur two working days after posting (first class), in accordance with ordinary postal service rules. So for an ANPR event on 1 May, the Notice to Keeper must be posted by 11 May to be deemed served by 13 May (within 14 days). A Notice to Keeper dated 15 May for a 1 May event is out of time — keeper liability does not arise.
Mandatory content of a valid Notice to Keeper
Under Schedule 4 paragraph 9(2), a Notice to Keeper must include all of the following to be compliant. Any single omission defeats keeper liability:
- The vehicle registration number
- The date of the parking event
- Sufficient detail of the parking event to enable the keeper to identify it
- The period of parking — not merely ANPR entry and exit times but the actual period for which the charge is made
- The amount of the charge
- The identity of the creditor (the parking operator)
- A statement that the operator seeks to recover the charge from the keeper as well as (or instead of) the driver
- Information about how to appeal and the appeals body available (POPLA or IAS)
- A statement that the keeper may be liable if they do not pay or name the driver within 28 days
The "period of parking" requirement is particularly significant. Many ANPR operators simply quote the ANPR entry time and exit time — which records when the car entered and left the car park, not the actual parking period. POPLA has allowed appeals on this ground where the distinction mattered (e.g. the driver spent time loading/unloading before parking, or the exit timestamp includes time queuing to leave).
You do not have to name the driver
This is one of the most important — and least known — rights under PoFA. You are not legally obliged to identify who was driving the vehicle at the time of the alleged contravention. There is no private parking equivalent of Section 172 of the Road Traffic Act (which requires you to name the driver of a vehicle involved in a road traffic offence to the police). Refusing to name the driver does not constitute an admission that you were driving.
If the operator has not complied with PoFA, they cannot use keeper liability at all — they can only pursue the driver. Since they do not know who was driving, and you have not told them, they have no identified defendant. POPLA assessors have allowed appeals on this basis repeatedly, following the principle stated by former POPLA Lead Adjudicator Henry Greenslade in 2015: "There is no reasonable presumption in law that the registered keeper of a vehicle is the driver."
Warning: If you have already named the driver — in a letter, email, phone call, or previous appeal — the PoFA keeper liability defence is lost. The operator now has an identified person (the driver) they can pursue directly. Do not name the driver at any stage unless you have confirmed legal grounds to do so.
How to check PoFA compliance on your Notice to Keeper
- Note the date of the parking event (on your notice or from ANPR images you request)
- Note the date of the Notice to Keeper (shown on the document)
- Calculate whether the notice was served within the required window (14 days for ANPR; 28–56 days for windscreen ticket)
- Check the notice contains every item in the mandatory content list above
- Check the "period of parking" — does it state a parking period or just ANPR times?
- Check whether the creditor is clearly identified and whether POPLA/IAS details are provided
If any item fails, state this clearly in your Stage 1 appeal with the specific PoFA paragraph number. Do not simply say "the notice is non-compliant" — cite the exact paragraph and the specific failing.
PoFA and the Supreme Court: ParkingEye v Beavis
ParkingEye Ltd v Beavis [2015] UKSC 67 is the leading case on private parking charges. The Supreme Court held that a parking charge (in that case £85 for overstaying a free parking period) is not an unenforceable penalty simply because it exceeds the operator's actual financial loss, provided it serves a legitimate interest (managing parking turnover) and is not extravagant or unconscionable. This ruling is often cited by operators and misunderstood by motorists. It does not mean all parking charges are automatically enforceable — it simply establishes that the charge amount itself is not automatically unlawful. Procedural failures under PoFA, signage failures, and grace period breaches remain valid grounds for appeal regardless of Beavis.
Frequently asked questions
What if the parking operator did not use PoFA — can they still pursue me?
If the operator expressly states it is NOT relying on PoFA to establish keeper liability, it can only pursue the driver. POPLA must then decide whether it is confident it knows who the driver is. If you have not named the driver and there is no other evidence of your identity as driver, the appeal should be allowed on the basis that the operator has not established driver liability.
Can I request a copy of the Notice to Keeper envelope?
Yes, and you should. The postmark on the envelope provides independent evidence of when the notice was posted. Request it in your Stage 1 appeal. If the operator cannot produce it, or if the postmark shows posting outside the PoFA window, this supports your keeper liability defence.
Does PoFA apply to Scotland?
No. PoFA Schedule 4 applies to England and Wales only. In Scotland, private parking enforcement relies on Scots contract law and the common law of nuisance. Keeper liability rules are different and there is no equivalent statutory scheme. Scottish residents should seek specific Scottish legal advice on private parking charges.
What if the car is registered to a company?
PoFA applies to registered keepers, which includes companies. The Notice to Keeper should be addressed to the company as registered keeper. The company is not obliged to name the driver. The same procedural compliance requirements apply.
How long does POPLA take to decide?
POPLA aims to decide cases within 35 working days of receiving all evidence. Complex cases may take longer. You will receive the decision by post and email. If POPLA allows your appeal, the charge is cancelled and the operator cannot pursue it further.
Sources: Protection of Freedoms Act 2012, Schedule 4 | ParkingEye Ltd v Beavis [2015] UKSC 67 | POPLA — Henry Greenslade, Lead Adjudicator guidance, 2015 | BPA Code of Practice, Approved Operator Scheme | MoneySavingExpert — Parking ticket advice forum.
Informational only — not legal advice. For complex cases consult a solicitor. See our UK Fines and Appeals hub.
