FineCheck

Is Your Private Parking Fine Legally Valid?

Under the Protection of Freedoms Act 2012, private parking operators must serve a Notice to Keeper (NtK) within 14 days of the alleged parking event. If they missed this deadline, keeper liability does not apply and the fine may be unenforceable against you.

Important: This checker applies to private parking charges only (e.g., ParkingEye, APCOA, CP Plus, Excel Parking). Council-issued PCNs are governed by different legislation.

Check Your Notice to Keeper

This is the date printed on the ticket or charge notice as the date of the contravention.

Check the date printed on the NtK letter, or use the postmark date if available. If you only know when it arrived, use that date.

Was the NtK addressed to the registered keeper?

The letter should be addressed to the person registered as the keeper with the DVLA.

Did the NtK contain the statement about keeper liability?

Look for wording that says the keeper will be liable for the charge unless they provide the name and address of the driver.

Was a Notice to Driver left on your windscreen at the time?

This is the physical ticket sometimes placed on the vehicle at the time of the alleged contravention.

Were you the driver?

Understanding POFA 2012 and Your Rights

What is POFA 2012?

The Protection of Freedoms Act 2012 regulates how private parking companies can enforce charges. Schedule 4 of the Act created a framework allowing operators to hold the registered keeper liable for unpaid charges, but only if they follow strict procedural requirements.

The 14-Day Rule

The operator must serve the NtK within 14 days of the parking event (starting the day after). This is calculated by calendar days, not working days. If a Notice to Driver was left on the windscreen, the 14-day period starts from the date the NtD was given. If no NtD was issued, the clock starts from the date of the alleged contravention.

What the NtK Must Contain

  • The amount of the parking charge
  • The grounds for the charge
  • How to pay or appeal the charge
  • A statement that the keeper is liable unless they name the driver
  • That representations can be made to the operator

Key Case Law

ParkingEye Ltd v Beavis [2015] UKSC 67: The Supreme Court confirmed that private parking charges can be enforceable if they are proportionate and not extravagant. However, this case also reinforced that operators must comply with POFA requirements. A charge of around £85 was held to be legitimate, but POFA compliance remains mandatory for keeper liability.

What Happens if the NtK is Late or Non-Compliant?

If the parking operator failed to serve the NtK within 14 days, the consequences are significant. Keeper liability under POFA 2012 does not transfer to you. The operator can only pursue the actual driver.

In practice, this means:

  • 1.You are not liable as the registered keeper if you were not the driver.
  • 2.The operator must identify and prove who was driving, which is often difficult.
  • 3.If taken to court, you can raise the POFA non-compliance as a defence.
  • 4.Many operators will drop the case at the appeals stage if POFA non-compliance is clearly demonstrated.

Even if you were the driver, raising POFA non-compliance in your appeal puts the operator on the back foot, as it demonstrates they failed to follow their own regulatory framework.

Frequently Asked Questions

What is POFA 2012?
The Protection of Freedoms Act 2012 (POFA) is the law that governs private parking enforcement in the UK. Schedule 4 of POFA sets out the conditions a private parking operator must meet before they can hold the registered keeper liable for a parking charge. Without meeting these conditions, the operator can only pursue the driver, and if they cannot identify the driver, they have no one to claim against.
What is the 14-day rule?
Under POFA 2012 Schedule 4, a private parking operator must serve a Notice to Keeper (NtK) on the registered keeper of the vehicle within 14 days of the alleged parking event. This 14-day period starts the day after the event. If the operator misses this deadline, keeper liability does not transfer and the charge becomes very difficult to enforce.
What must the Notice to Keeper contain?
The NtK must include several prescribed elements: the amount of the charge, the grounds for the charge, details of how to pay or appeal, and a specific statement that the keeper is liable unless they name the driver. The notice must also state that representations can be made to the operator. If any of these elements are missing, the NtK may be non-compliant.
What happens if the NtK is late?
If the NtK was served more than 14 days after the parking event, keeper liability does not apply. This means the operator must prove who was driving the vehicle at the time. If you were not the driver, or if the operator cannot prove you were, they have no valid claim against you as the registered keeper.
Does this apply to council parking fines?
No. POFA 2012 Schedule 4 only applies to private parking charges issued by companies like ParkingEye, APCOA, CP Plus, and similar operators. Council-issued Penalty Charge Notices (PCNs) are governed by different legislation and have their own rules about service and time limits.
What is the difference between a Notice to Driver and a Notice to Keeper?
A Notice to Driver (NtD) is usually the ticket left on your windscreen or posted to the driver shortly after the event. A Notice to Keeper (NtK) is a separate document sent to the registered keeper of the vehicle via the DVLA. They are different notices with different legal requirements, and both may be needed for keeper liability to apply.
Can I use this checker for a fine I already paid?
While you can check the compliance of any fine, recovering money already paid is significantly more difficult than challenging a fine before payment. If you discover the NtK was non-compliant after paying, you may have grounds for a claim, but you should seek legal advice for your specific situation.
What is ParkingEye v Beavis and why does it matter?
ParkingEye Ltd v Beavis [2015] UKSC 67 is a Supreme Court case that confirmed private parking charges can be enforceable if they are not extravagant or unconscionable. However, the court also confirmed that operators must still comply with POFA requirements, including the 14-day NtK rule. This case set the precedent that a charge of around £85 is not a penalty, but it did not remove the need for POFA compliance.