Company vehicle — keeper is the company, not the named driver

Where the vehicle is registered to a company (Limited, LLP, plc, sole trader business), the keeper for PoFA Sch 4 purposes is the COMPANY not the named driver. The operator must serve the NTK on the company at its registered office under PoFA Sch 4 para 9 + para 11 (DVLA application by reference to registration). Operators frequently send NTKs to the named driver / company secretary at home address — that is invalid service and the keeper-liability route fails. Even if served on the company, the company is the only liable keeper unless it identifies the driver.

Legal basis

PoFA 2012 Sch 4 paras 2, 9, 11; Companies Act 2006 s.1139 (service on companies at registered office); DVLA registration of company vehicles

How to identify this in your case

V5C is in company name; NTK was sent to home address of director/employee; no NTK to registered office.

Sample appeal wording

Dear [OPERATOR], Re: NTK [REF] — Vehicle [REG] The vehicle is registered to [COMPANY NAME], company number [NUMBER]. I am [an employee / director] but I am not the keeper for the purposes of Schedule 4 PoFA 2012. Under paragraph 2, 'keeper' is the registered keeper, which is the company. Under section 1139 Companies Act 2006, valid service on a company is at its registered office, which is [ADDRESS]. Your NTK was sent to my personal address and is therefore not a valid Notice to Keeper. Without valid service of an NTK compliant with Sch 4 paras 8/9, you cannot establish keeper liability under para 4(4). I require: 1. Cancellation of the personal address charge; 2. Erasure of my personal data under UK GDPR Art 17; 3. If you wish to pursue the company, serve correctly at its registered office. The company is then entitled to identify (or decline to identify) the driver. Yours faithfully, [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

PoFA 2012 Sch 4 paras 2, 8, 9, 11
Companies Act 2006 s.1139