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proceduralUK · England & WalesDifficulty: medium

Windscreen-route Notice to Keeper missing the paragraph 8(2) prescribed contents

Where the parking ticket started life on the windscreen, the follow-up Notice to Keeper has its own prescribed-contents checklist in POFA 2012 Schedule 4 paragraph 8(2) — different from the camera-route checklist in paragraph 9(2) (the 9(2) scenario is covered by UK-PROC-002). The notice must, among other things: identify the vehicle, the land and the period of parking (8(2)(a)); state that a notice to driver was given and repeat the specified information from it (8(2)(c)); state that the driver is not known and invite the keeper to pay or to name the driver (8(2)(e)); warn the keeper of liability arising after 28 days (8(2)(f)); and identify the creditor and how to pay (8(2)(h)). Missing or defective items mean the paragraph 8 condition is not satisfied and keeper liability fails. The common real-world defects are failure to repeat the notice-to-driver information and a garbled or missing keeper-liability warning.

Legal basis

Protection of Freedoms Act 2012, Schedule 4, paragraph 8(2)(a)-(h) (prescribed contents of the notice to keeper where a notice to driver was given), including 8(2)(c) (must state a notice to driver was given and repeat the specified information), 8(2)(e) (invitation to pay or name the driver), 8(2)(f) (warning of keeper liability at the end of 28 days), 8(2)(h) (creditor identity and payment method); paragraph 6(1)(a) makes paragraph 8 compliance a condition of keeper liability on this route. England and Wales only.

How to identify this in your case

Applies where a windscreen ticket was given and the customer is pursued as keeper. Read the Notice to Keeper against the 8(2) checklist: does it state that a notice to driver was given and repeat its details? Does it specify vehicle, land and period of parking? Does it invite the keeper to pay OR name the driver? Does it contain the 28-day keeper-liability warning? Does it identify the creditor (the party entitled to the charge, which may differ from the operator)? Any confirmed omission grounds the appeal; if the customer cannot check an item, frame it as put-to-proof rather than asserting the defect.

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.

I am the registered keeper and I was not the driver. Keeper liability on the windscreen-ticket route arises only if the notice to keeper complies fully with paragraph 8(2) of Schedule 4 to the Protection of Freedoms Act 2012. I put you to strict proof that your notice to keeper satisfies every requirement of paragraph 8(2)(a)-(h), including that it states a notice to driver was given and repeats the information specified from it (8(2)(c)), invites the keeper to pay or to notify you of the driver's name and address (8(2)(e)), contains the prescribed warning of keeper liability (8(2)(f)) and identifies the creditor (8(2)(h)). [IF A SPECIFIC OMISSION IS IDENTIFIED: Your notice fails paragraph 8(2)([x]) in that it [OMISSION].] A notice that does not comply with paragraph 8(2) does not satisfy the condition in paragraph 6(1)(a), no keeper liability arises, and I am under no obligation to identify the driver. Please cancel the charge.

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Windscreen-route Notice to Keeper missing the paragraph 8(2) prescribed contents

Legal basis

How to identify this in your case

Sample appeal wording

Beat It writes this argument automatically

Sources

Related appeal grounds

Next steps