POFA 2012 keeper liability does NOT apply in Northern Ireland

Schedule 4 of the Protection of Freedoms Act 2012 — the statutory mechanism that allows private parking operators to pursue the registered keeper for unpaid charges in England and Wales — expressly does NOT extend to Northern Ireland (see PoFA 2012 s.116). In NI a private parking operator can only pursue the driver, whose identity must be proved. Registered keeper status alone is no basis for liability. Many NI parking 'fines' from private operators are unenforceable because they pursue the keeper.

Legal basis

Protection of Freedoms Act 2012 ss.56, 116 and Sched 4 (NI exclusion); Vehicle Excise and Registration Act 1994 (UK, but POFA Sched 4 not extended to NI)

How to identify this in your case

Any private (non-DfI) parking charge in NI claiming keeper liability — POFA does not apply. Operator must prove driver identity.

Sample appeal wording

Dear Sir/Madam, Re: Parking charge — site [LOCATION] — VRM [VRM] This charge is in respect of an alleged event in Northern Ireland. Schedule 4 of the Protection of Freedoms Act 2012 does not extend to Northern Ireland (see s.116 of the Act). You therefore have no statutory mechanism to pursue me as registered keeper for any sum allegedly owed by the driver. As registered keeper I make no admission as to the identity of the driver and put you to strict proof of (a) who the driver was, and (b) any contract that driver entered with you. In default of such proof the claim must fail. If you intend to proceed, please confirm by reference to NI authority (not English POFA cases) the legal basis on which you seek to recover from me. Yours faithfully, [NAME]

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

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Sources

legislation.gov.uk/ukpga/2012/9
legislation.gov.uk/ukpga/2012/9/section/116