Legal

How Long Does a Parking Company Have to Send You a Fine?

·6 min read

The Short Answer

For private parking operators, the key rule is the POFA 14-day requirement for the Notice to Keeper. For councils, there is no strict time limit for issuing a PCN, but there are practical constraints and fairness considerations.

Understanding these timescales is important because a late notice can be grounds for cancelling the entire charge.

Private Parking: The POFA 14-Day Rule

The Protection of Freedoms Act 2012 (POFA) created a mechanism for private parking operators to pursue the registered keeper of a vehicle when the driver cannot be identified. This is known as "keeper liability."

How Keeper Liability Works

When you park in a private car park, the contract is between the driver and the landowner/operator. If you overstay, the operator can pursue the driver for breach of contract.

But what if the operator does not know who was driving? POFA allows them to pursue the registered keeper instead, provided they follow strict rules. The most important of these is the Notice to Keeper (NtK) requirement.

The 14-Day Rule

The operator must serve a compliant Notice to Keeper within one of these timeframes:

If a Notice to Driver (NtD) was placed on the windscreen:

  • The NtK must be sent within 14 days of the NtD being placed on the vehicle

If no Notice to Driver was placed (e.g. ANPR-only enforcement):

  • The NtK must be sent within 14 days of the contravention

What "Sent" Means

This is where it gets slightly complicated. The 14-day rule relates to when the notice is sent, not when it is received. In practice:

  • First-class post is deemed to arrive 2 working days after posting
  • Second-class post is deemed to arrive 4 working days after posting
  • The operator must post the NtK within the 14-day window

Some operators push the boundaries by sending notices close to the deadline. If you receive an NtK that appears to have been sent late, check the postmark carefully.

What the NtK Must Contain

A compliant NtK must include:

  1. The date and time of the alleged contravention
  2. The vehicle registration mark
  3. The amount of the charge
  4. The name and address of the creditor (the landowner or their agent)
  5. A statement that the creditor has the right to recover the charge from the keeper
  6. Information about how to pay and how to appeal
  7. Specific POFA wording about keeper liability

If any of these elements are missing or incorrect, the NtK may be non-compliant, and keeper liability falls away.

What Happens If the NtK Is Late

If the operator fails to send a compliant NtK within 14 days, they cannot pursue the registered keeper. They can only pursue the driver, and since they usually do not know who was driving, this effectively means they cannot enforce the charge at all.

This is one of the most powerful defences against private parking charges. If you can demonstrate that the NtK was sent outside the 14-day window, the charge should be cancelled.

How to Check

  1. Look at the date on the NtK letter
  2. Compare it to the date of the alleged contravention
  3. If the NtK is dated more than 14 days after the contravention (or more than 14 days after a windscreen NtD), it is late
  4. Check the postmark on the envelope if you still have it
  5. Request proof of postage from the operator if you are not sure

Council Parking Fines: Time Limits

Council PCNs are governed by different rules, and the timescales are less rigid.

PCNs Placed on the Windscreen

There is no specific time limit for placing a PCN on a vehicle's windscreen. The traffic warden issues the notice at the time of the contravention. If you drive away before the PCN is attached, the council can send it by post (see below).

PCNs Sent by Post

When a PCN is sent by post (either because the vehicle drove away or because the offence was captured by CCTV), the council should issue it within 28 days of the contravention under the Traffic Management Act 2004.

However, this is not an absolute deadline in the same way the POFA 14-day rule is. Late service of a council PCN can be a ground for appeal, but it does not automatically invalidate the notice.

The Notice to Owner (NtO)

After the initial PCN, if the driver does not pay or challenge, the council sends a Notice to Owner (NtO) to the registered keeper. The NtO must be served:

  • Not less than 28 days after the PCN was served
  • Not more than 6 months after the PCN was served (in practice, most are sent within 56 days)

If the NtO is sent too early or too late, this can be grounds for appeal.

CCTV Enforcement

For contraventions caught on camera (bus lanes, yellow box junctions, moving traffic offences), the PCN must be sent by post. The 28-day guideline applies, though some councils take longer.

Notice to Driver (NtD) vs Notice to Keeper (NtK)

These are sometimes confused, but they serve different purposes:

Notice to Driver (NtD)

  • A notice placed on the vehicle's windscreen at the time of the contravention
  • Addressed to "the driver" (the operator does not know who this is)
  • Starts the clock for the NtK if the driver does not respond
  • Not required by POFA, but commonly used by operators

Notice to Keeper (NtK)

  • A notice sent by post to the registered keeper
  • Contains specific POFA wording about keeper liability
  • Must be sent within 14 days (see above)
  • This is the critical notice for enforcement purposes

If an operator issues a windscreen NtD and then fails to follow up with a compliant NtK within 14 days, they lose the ability to pursue the keeper.

What Counts as "Received"

The law uses deemed service rules:

First Class Post

  • Deemed received on the second working day after posting
  • Example: posted Monday, deemed received Wednesday

Second Class Post

  • Deemed received on the fourth working day after posting
  • Example: posted Monday, deemed received Friday

Actual Receipt

If you can prove you received the notice later than the deemed date (e.g. due to Royal Mail delays, incorrect address, or postal redirection), this may be relevant.

However, the POFA 14-day rule is based on when the notice was sent, not received. So postal delays do not help if the notice was posted on time.

Special Situations

The Vehicle Was Sold

If you sold the vehicle before the contravention occurred, you are not the keeper and the NtK should not have been sent to you. Provide proof of sale (V5C transfer, bill of sale).

The Vehicle Was Stolen

If the vehicle was stolen at the time of the contravention, you are not liable. Provide the crime reference number.

Multiple Charges on the Same Day

Some operators issue separate charges for each contravention on the same day (e.g. entering and leaving the same car park multiple times). Each charge requires its own compliant NtK within the 14-day window.

Bank Holidays and Weekends

Working days exclude weekends and bank holidays for the purposes of deemed service. The 14-day sending requirement is calendar days, not working days.

Practical Advice

  1. Always check the dates. Compare the NtK date to the contravention date. Even one day matters.
  2. Keep the envelope. The postmark can be evidence of when the notice was actually posted.
  3. Request proof of postage. If you think the NtK was late, ask the operator to prove when they sent it.
  4. Do not assume the dates on the letter are correct. Some operators backdate letters. The postmark is more reliable.
  5. Raise POFA non-compliance as your primary ground. It is a technical defence that tribunals and appeals services take seriously, regardless of whether you were actually in contravention.

Frequently Asked Questions

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