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
formal
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Related appeal grounds
- Aberdeen Clean Air Zone ticket issued too early
- Appealing a Scottish tribunal's legal error to a higher tribunal
- Attorney acting for keeper under Scottish power of attorney
- Bailiff acted without proper advance warning notice
- Bath CAZ — Sunset Period for Pre-Registered Commercial Vehicles
- Bay Obstructed or Too Small — Could Not Park Within the Bay Markings