Home / Advice / Operator failed to comply with PoFA Sch 4 — NO keeper liability AT ALL

legalUK · UK-wideDifficulty: medium

Operator failed to comply with PoFA Sch 4 — NO keeper liability AT ALL

PoFA 2012 Sch 4 is the ONLY route for an operator to recover from a registered keeper who was not the driver. If the operator fails ANY of the strict conditions (paras 5, 6, 8, 9, 11, 12), keeper liability is not established and the operator must prove who the driver was — which they almost never can. Common failures: (a) NTK does not contain prescribed warnings/wording (para 9(2)); (b) NTK out of time (para 9(4)); (c) signage not adequate (para 2(3)); (d) NTD given but NTK not given (paras 7-8 sequence); (e) operator not the 'creditor' / no contract with landowner. Each is a complete bar.

Legal basis

PoFA 2012 Sch 4 paras 4, 5, 6, 7, 8, 9, 11, 12; Excel Parking Services Ltd v Smith / various IAS/POPLA appeal decisions

How to identify this in your case

Recipient was not the driver; carefully check NTK content against para 9(2) checklist (10+ specific items required); check timing against para 9(4); check signage adequacy.

Sample appeal wording

Before you send this

Deadline. A late submission can be turned down 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. Replace the bracketed prompts with your own details; leave any case citation as it is.

Dear [OPERATOR], Re: PCN [REF] — Vehicle [REG] I was not the driver of the vehicle on [DATE] and I do not identify the driver. The only route to keeper liability is Schedule 4 of the Protection of Freedoms Act 2012, which has not been complied with: Para 9(2): the NTK must: (a) specify the vehicle, the relevant land and the period of parking — [DEFICIENT because ...]; (b) inform the keeper that a driver is required to pay the parking charges; (c) describe the parking charges, payments made, and outstanding amount; (d) state that creditor will (if pursued) seek to recover from keeper; (e) invite the keeper to either pay or, if not the driver, identify the driver and pass the notice on; (f) warn the keeper of liability and time limits; (g) specify date sent; (h) state how amount should be paid; (i) identify the creditor and address for service. Para 9(4): the NTK must be given (by post in the ordinary course) no later than 14 days after the period of parking [where no NTD has been given]. Para 5/6: a NTD if given must comply with para 7. Para 11: KADOE request for keeper details must be properly made. Para 12: the regulations on signage compliance. Your NTK fails [LIST defects with paragraph references]. Therefore you have no right to recover from me as keeper. To recover, you must prove I was the driver — which is your burden. I am not obliged to assist your case. The charge is denied. Please confirm cancellation within 14 days. Yours faithfully, [NAME]

Beat It writes this argument automatically

Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and sends it for you where the council takes email — guiding you through their own online form where they use one, so you press submit. The win fee is only charged if you win.

Operator failed to comply with PoFA Sch 4 — NO keeper liability AT ALL

Legal basis

How to identify this in your case

Sample appeal wording

Beat It writes this argument automatically

Sources

Related appeal grounds

Next steps