DVLA address out of date — operator served at old address

If the keeper has moved but DVLA records show the old address (or the keeper failed to update), and the NTK is served at that old address, the keeper may not have received it within the PoFA Schedule 4 para 9 timing windows. While DVLA registration is the keeper's responsibility (failure to update is itself an offence under VERA 1994 s.43A), service at an address known to be incorrect can be challenged. More importantly: PoFA Sch 4 para 8/9 timing windows are STRICT — the NTK must be GIVEN within 14 days of the parking event (para 9(4)(a)). If the operator can't prove receipt within timing, no keeper liability.

Legal basis

PoFA 2012 Sch 4 paras 8, 9 (notice to keeper timing); para 9(4)(a) (14-day window for delivery of NTK where no NTD); VERA 1994 s.43A (duty to notify change)

How to identify this in your case

NTK was sent to a previous address; you moved before the event; or the NTK is deemed served outside the 14-day window.

Sample appeal wording

Dear [OPERATOR], Re: NTK [REF] — Vehicle [REG] The alleged contravention was on [DATE]. Under Schedule 4 paragraph 9(4)(a) PoFA 2012, where there has been no Notice to Driver, the Notice to Keeper must be given (i.e., received by the keeper in the ordinary course of post — Interpretation Act 1978 s.7) not later than 14 days after the day on which the parking event occurred. I did not receive the NTK until [DATE], which is more than 14 days after the event. Alternatively, you sent it to [OLD ADDRESS] on [DATE], which is outside the 14-day window. I require, under UK GDPR Art 15: 1. Proof of posting / Royal Mail certificate; 2. The address used and date of dispatch; 3. Your evidence of compliance with Sch 4 para 9(4). Without a compliant NTK, no keeper liability arises under paragraph 4(4). The charge is denied. 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 8, 9
Interpretation Act 1978 s.7