Private parking keeper liability does not apply in Northern Ireland
In England and Wales, a private parking company can chase the registered keeper of a vehicle for an unpaid charge, even if they cannot name the driver. That rule does not apply in Northern Ireland: the keeper-liability scheme in Schedule 4 of the Protection of Freedoms Act 2012 covers England and Wales only. In Northern Ireland a private parking company must pursue the person who was actually driving — being the registered keeper is not enough on its own to make you liable. One caution: if the matter ever reached court, a judge could still decide on the balance of probabilities that you were the driver, so never confirm or deny who was driving and never name the driver.
Legal basis
Protection of Freedoms Act 2012 s.56 and Schedule 4 (keeper/hirer liability), which extend to England and Wales only by s.119(1) (Chapter 2 of Part 3) — not Northern Ireland; Vehicle Excise and Registration Act 1994 (UK-wide, but POFA Schedule 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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Scan my ticketSources
- legislation.gov.uk/ukpga/2012/9
- legislation.gov.uk/ukpga/2012/9/section/116
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