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Driver Not Identified as Person Liable — Keeper vs Driver Distinction

This ground applies when a private parking charge has been issued to the registered keeper (such as a lease or fleet company) even though the actual driver can be identified, because keeper liability under the Protection of Freedoms Act 2012 only arises where the operator does not know both the driver's name and a current address for service (Schedule 4, paragraph 5(1)(b)). Once the driver comes forward with those details, the basis for pursuing the keeper falls away. Note that this shifts liability to the driver rather than cancelling the charge — the driver then answers the charge and can appeal it on the merits.

Legal basis

Protection of Freedoms Act 2012, Schedule 4, paras 4-5 — keeper liability only arises where the creditor does not know both the driver's name and a current address for service (para 5(1)(b))

Sample appeal wording

Before you send this

Deadline. A late submission can be rejected without your argument being read. Check your notice for the deadline and how it is counted.
Paying may end it. Paying can count as accepting the notice and can close a challenge already under way. Part-paying or acknowledging an old debt can also revive a time limit that had expired.
The amount can change. Check what happens to the sum if you challenge — it may be held, re-offered lower, or keep rising, and fees or enforcement can continue meanwhile.
Use the official route. Use the method, recipient and form your notice specifies, with any reference, evidence and signature it asks for. Sent elsewhere, it may not count.
Only say what is true. Do not copy any statement of fact unless it is true for you, and check the legal point still applies. Delete what does not fit. It may be treated as your statement.
Careful what you volunteer. Avoid unnecessary admissions — naming the driver or accepting responsibility can remove arguments. But answer anything you are legally required to answer, and do include the evidence your ground needs.
Keep the record. Keep what you sent, the attachments, any receipt, and the reply. Note the next deadline.

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at.

The operator has conflated keeper liability with driver liability. As the driver of the vehicle at the time, I am the correct appellant. The registered keeper (lease company) is not liable as keeper under PoFA 2012 Schedule 4 where the driver's identity is known.

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Driver Not Identified as Person Liable — Keeper vs Driver Distinction

Legal basis

Sample appeal wording

Beat It writes this argument automatically

Related appeal grounds

Next steps