Is my parking ticket enforceable? POFA explained

What POFA does

A private parking charge is a claim against the driver. Operators usually don't know who was driving, so Schedule 4 of the Protection of Freedoms Act 2012 (POFA) gives them a way to recover an unpaid charge from the vehicle's keeper instead, but only if several conditions are met (paragraph 4).

POFA Schedule 4 extends to England and Wales only. In Scotland and Northern Ireland there's no equivalent law making the keeper liable, so only the driver can be pursued.

The "keeper" is the person keeping the vehicle when it was parked, presumed to be the registered keeper unless shown otherwise (paragraph 2). If you'd already sold the car, keep the proof.

It only works on "relevant land"

Keeper liability only applies on "relevant land" (paragraph 3). That excludes roads maintained at public expense, council-controlled parking places, and land where parking is already subject to statutory control, for example land covered by byelaws. Many railway station car parks and airports are covered by byelaws, so POFA's keeper liability may not apply there at all. It depends on the exact land, so ask the operator to prove it.

The 14-day rule (no windscreen ticket)

Most camera (ANPR) tickets arrive by post with no ticket left on the car. In that case the Notice to Keeper must be given within "the period of 14 days beginning with the day after that on which the specified period of parking ended" (paragraph 9(5)). Day 1 is the day after you parked; day 14 is the last day.

Parked on Monday 5 October? Day 1 is Tuesday 6 October, so the notice must be delivered by the end of Monday 19 October.

After a windscreen ticket: days 29 to 56

If a Notice to Driver was fixed to the car or handed over, the operator must wait. The Notice to Keeper must be given in "the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given" (paragraph 8(5)). In other words, between day 29 and day 56 after the windscreen ticket. Too early or too late, and the keeper can't be held liable under POFA. If nothing arrives by day 56, the same applies.

Deemed delivery: two working days

A posted notice is "presumed, unless the contrary is proved, to have been delivered … on the second working day after the day on which it is posted", and a working day is "any day other than a Saturday, Sunday or a public holiday in England and Wales" (paragraphs 8(6) and 9(6)).

That's why bank holidays matter. A worked example:

The code also requires operators to record the date a notice was actually posted, not just when it was generated (Code clause 8.2, note 2).

What the Notice to Keeper must say

A notice relied on under paragraph 9 must, among other things (paragraph 9(2)):

• specify the vehicle, the land and the period of parking;
• say the driver is required to pay and the charges haven't been paid in full;
• describe the charges and how the requirement to pay was brought to drivers' attention;
• state the unpaid amount as at a specified time;
• say the creditor doesn't know the driver's name and address, and invite the keeper to pay or to name the driver and pass the notice on;
• warn that after 28 days the keeper may become liable if the charge is unpaid and the driver hasn't been named;
• give details of any discount and the dispute and complaints arrangements;
• identify the creditor and how to pay or notify it;
• state the date it was sent.

Paragraph 8(2) sets similar requirements for a notice that follows a windscreen ticket. If something on the list is genuinely missing, that's a point for your appeal, but check carefully, because the wording may be there in different words.

What POFA doesn't do

• It doesn't cancel the charge. It only decides whether the keeper can be made to pay. The driver can still be pursued.
• It doesn't force you to name the driver, and you must never name someone else if it was you.
• It isn't a guarantee. The industry code says operators must not simply assume the keeper was the driver, but also that a refusal to name the driver can be treated as evidence that the keeper was driving. A POFA failure is a strong point; it isn't certain to win.

Check your dates

Enter the date you parked and the date printed on your notice. We'll count the working days for you.