Notice to Keeper: Liability, Deadlines and Your Options

Did you receive a ‘Notice to Keeper’ from a private parking firm, and now you’re unsure what to do? This article is here to help. 

Check the location, notice dates, alleged breach, evidence and legal basis. Being the registered keeper does not automatically make you liable for every private parking charge.

In this article, we’ll cover:

•  What a ‘Notice to Keeper’ is.
•  Why a ‘Notice to Keeper’ is sent.
•  What you need to do when you receive one.
•  If you must pay the fine or if you can appeal.
•  How to spot a fake parking ticket.

The DVLA report that over 11 million parking tickets were issued last year, which is up by 29% year on year!¹. So, you’re not alone in this situation.

Receiving a private parking fine can be frustrating. But don’t worry; we’re here to help you figure things out.

What Is a Notice to Keeper?

A notice to keeper, is sent to you by a private parking firm. It is to let you know that there is a parking charge being levied against you.

A private operator may allege a breach of parking terms and seek keeper details from DVLA where the access requirements are met. This is usually a civil contractual matter, not a finding that you committed a crime.

DVLA normally requires private parking businesses seeking keeper details for enforcement to belong to an accredited trade association. Non-membership does not itself invalidate a charge or prove that any information held was obtained unlawfully.

In England and Wales, Schedule 4 of the Protection of Freedoms Act 2012 allows recovery from a keeper only if the applicable conditions are met. Scotland and Northern Ireland differ. The options may include:

1. Pay the parking charge.
2. Provide accurate driver information if you choose and it is relevant to resolving liability; never invent or guess details.
3. Dispute the parking charge.

Must You Pay?

Use the operator’s appeal process and any independent route stated after rejection. A private Notice to Keeper does not use the same statutory challenge procedure as a council Penalty Charge Notice.

The process for refuting the notice to keeper can and does differ across different private parking firms.

A valid private parking debt can be owed before a court judgment. Check the parking terms, evidence, amount and whether the person pursued is legally liable.

If you dispute liability, explain the actual grounds and supporting evidence. You may ask about an arrangement or settlement where appropriate, but the operator is not obliged to cancel or accept your proposed amount.

What Do You Need To Do With a Notice to Keeper?

Ignoring a notice does not automatically establish keeper liability, but it can allow a dispute to escalate. Check the applicable statutory requirements and respond to any court papers in time.

There is no general criminal duty under Schedule 4 to identify the driver to a private parking company. Whether the keeper is liable depends on the facts and whether the operator has complied with the statutory conditions.

» TAKE ACTION NOW: Get legal support from JustAnswer

If you were the driver, check whether the charge is valid and pay or challenge through the stated process. A private demand can represent an enforceable debt even though it is not a court order.

Do you have to identify the driver?

A private parking demand is different from a police section 172 driver-information request. Merely declining to name the driver to a private operator is not the criminal offence described by that police procedure.

Never provide false information or make a false statement in court. If proceedings begin, follow the court’s directions and obtain advice about your actual position.

For keeper liability under Schedule 4 of the Protection of Freedoms Act 2012 in England and Wales, a notice without an earlier notice to driver normally must be delivered within 14 days after the parking period. If a compliant notice to driver was first given, the keeper notice normally must be delivered on days 29–56 after that notice. Other conditions also apply.

Feel more confident before you send your appeal

Writing a parking appeal can be difficult when you’re not sure what to include or how to structure it.

Our free template gives you a clear starting point, helping you:

• Set out what happened clearly
• Explain why you’re disputing the charge
• Include the important details
• Avoid starting from a blank page

Simply adapt the template to your own circumstances before sending it.

Get my free appeal template

Free parking appeal letter template from MoneyNerd.

The Anatomy of a Notice to Keeper

A keeper notice used to establish statutory liability must meet the relevant requirements. Check the complete Schedule 4 conditions, including:

• The licence number of the vehicle it relates to.
• Other vehicle info, such as make, model and colour.
• Where the car was parked.
• The relevant period of parking, not merely an unexplained timestamp.
• The unpaid parking charge and the prescribed explanation and conditional warning about keeper liability.
• Whether there was an earlier notice to driver, and whether the keeper notice was delivered within the correct period.
• The amount claimed and the lawful basis for any additional sum. Added collection fees are not automatically recoverable.
• Ask the keeper to give information about the driver, if it was not them.
• Identification of the creditor and how to make payment or the relevant notification.
• Details of any prompt payment incentive.
• A warning of the repercussions of not paying the notice.
• Details of the way to challenge the parking fee.

References

1. RAC Foundation – Parking Tickets Statistics
2. Legislation.gov.uk – Protection of Freedoms Act 2012