Notice to the Driver – Everything You Need to Know

“Have you received a private parking fine and are unsure what to do next? You’ve found the right place to get your answers.

Each month, over 130,000 people use our website to find guidance on fines and parking tickets. So, you’re not alone – we’re here to help.

This article will explain:

• What a Notice to Driver is.
• Why a Notice to Driver is given.
• How it differs from a Fixed Penalty Notice.
• If the keeper of the vehicle needs to pay.
• How to challenge a Notice to Driver.

We know that getting a private parking fine can be upsetting. But don’t worry; we have a lot of useful advice and examples to guide you through this process.

We understand your situation and are here to provide you with all the help you need. Let’s get started.”

What is a Notice to Driver?

A Notice to Driver (NTD), is a physical parking charge invoice that has been attached to your vehicle by a private parking attendant. The NTD will have information about why you have received a parking charge, and who is issuing it. It will also have information about how to pay the parking charge. You should keep hold of the NTD even if you don’t intend to pay it, as you might need it as evidence if further legal proceedings come into play.

Why is a Notice to Driver Given?

There are many reasons why you might receive an NTD. They will all be some form of parking offence on a premises where parking is managed by a private parking firm, or the operator of the premises. Some examples are given below.

• You parked on the street, in a permit-only parking spot operated by a private parking firm.
• Whilst visiting a supermarket, you parked in a disabled bay, without displaying a disabled sticker.
• You stopped for lunch in a pub, and you failed to inform a member of staff that your car is parked in the pub car park.
• You used a multi-storey, private car park, and overstayed the amount of time you had paid for.

Is a Notice to Driver the Same as a Fixed Penalty Notice?

The UK Government makes all of the rules and regulations related to driving available to the public. And this includes parking rules. However, when a private firm is operating the parking, these rules will not apply. You are on private land, not a public road.

Therefore, you are pretty much at the mercy of the company that is implementing the parking rules and policing them. However, there is some good news here. A fixed penalty notice is a legal document, informing you of a fine levied by an official government organisation. Namely the local authority. You can’t ignore it, if you do, you could end up facing full legal proceedings further down the line.

But a notice to driver is merely a bill, an invoice asking you to pay the parking charge. It is not part of a full legal process that is actioned by an official government organisation. This means that the private parking firm can chase you for payment, but if they want to take things further, they have to instigate legal proceedings against you. This is something they rarely do, as it has an attached cost. They might threaten you with all sorts of trouble if you don’t pay, but ultimately, they are a paper tiger.

Would the Vehicle Owner be Contacted?

There can be a difference between the registered keeper, and the owner of a vehicle. For example, you drive a car that your parents paid for, but it is registered in your name. 

If the private parking firm is a member of the British Parking Association (BPA) or the International Parking Community (IPC), they will be able to contact the Driving and Vehicle Licensing Agency (DVLA) to find out who the registered keeper of the vehicle is. 

As we have said, this might not be the same person as the vehicle owner. However, it is the registered keeper that takes on the legal responsibilities attached to owning a vehicle. If the parking firm wants to chase up the notice to driver, they would use the information from the DVLA to do so.

Identifying the Vehicle Driver

As the registered owner of the vehicle, you would ultimately be liable to pay the notice to driver, even if you were not the driver at the time. Therefore, the onus will be on you to get the driver to come forward and pay the notice to driver (if the intention is to pay it).

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Will the Keeper of the Vehicle Have To Pay Instead?

If the driver does not take responsibility for the NTD and pay it, the registered owner would ultimately be the party that is pursued for payment. Whether the private parking firm actually goes as far as taking out legal proceedings against the registered keeper is down to many factors.

Often, constant threats and demands for payment are nothing short of hot air. Private parking firms like to try strong-arm tactics at first to scare people into paying. In truth, these firms know they are on uncertain ground if it comes to taking you to court. They are infamous for their nefarious practices, and are seldom looked on favourbly by courts. 

Can the Notice to Driver Be Challenged?

An official FPN would have a process in place for challenging it. For example, if you want to challenge an FPN for a speeding fine for an offence that took place 14 days prior to receiving the FPN. Or challenging an FPN for a bus lane parking offence you didn’t commit.

However, a notice to driver is not a formal legal document, and the process for challenging the parking fee will differ from parking firm to parking firm. You might find instructions for challenging the notice to driver on the actual document itself, although less than honest parking firms will leave this off, and try and make challenging the charge as hard as possible.

You should contact the parking firm, and tell them you do not intend to pay. At this stage, it is more than likely the charge will be dropped. If it isn’t this might mean being taken to court for non-payment and you might need to engage a solicitor to help with this.