What Is POFA 2012?
The Protection of Freedoms Act 2012 (POFA), specifically Schedule 4, is the law that allows private parking operators to hold the registered keeper of a vehicle liable for parking charges — even if they weren't the driver. Before POFA, operators could only pursue the driver, making enforcement practically impossible since they rarely knew who was driving.
How Keeper Liability Works
POFA creates a mechanism for transferring liability from the unknown driver to the registered keeper. However, this only works if the operator follows strict requirements:
- The operator must have the right to issue charges on the land (via a contract with the landowner).
- A Notice to Driver must be issued (typically placed on the windscreen).
- A Notice to Keeper (NtK) must be sent to the registered keeper within the required timeframe.
- The NtK must contain all prescribed information.
- The keeper must be given the opportunity to name the driver.
Notice to Keeper Requirements
The NtK is critical. It must:
- Be sent within 14 days of the alleged contravention (or within a reasonable period after receiving DVLA data).
- State the amount of the charge.
- Describe the alleged parking contravention.
- Explain the keeper's right to appeal.
- Provide a mechanism for the keeper to identify the driver.
If the Operator Fails
If any POFA requirement is not met, the operator cannot pursue the registered keeper. This is one of the most powerful defences against private parking charges. Check the dates on your NtK carefully and verify all required information is included.
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