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Notice to Keeper: The Key to Many Successful Appeals
The Notice to Keeper (NtK) is one of the most important documents in private parking enforcement. Under POFA 2012, the NtK is the mechanism by which liability transfers from the unidentified driver to the registered keeper. If the NtK is wrong, late, or incomplete, keeper liability does not transfer.
What Is a Notice to Keeper?
The NtK is a formal notice sent by the parking operator to the registered keeper of a vehicle after an alleged parking contravention on private land. The operator obtains the keeper's details from the DVLA using the vehicle registration number.
The 14-Day Rule
This is the most commonly used ground for appeal. The NtK must be served on the keeper within a specific timeframe:
If a notice was given to the driver (or placed on the windscreen):
The NtK must be given to the keeper within 14 days beginning with the day after the day on which the vehicle was removed from the relevant land.
If no notice was given to the driver (e.g., ANPR-only enforcement):
The NtK must be given to the keeper within 14 days beginning with the day after the day on which the operator first knew the keeper's details (typically when the DVLA provides the data).
How "service" is calculated:
The NtK is deemed served on the second business day after posting (under normal postal service rules). So if the operator posts the NtK on a Monday, it is deemed served on Wednesday. The 14-day clock runs from the trigger event (vehicle leaving the land or DVLA data received).
Required Content of the NtK
The NtK must contain all of the following:
- A statement of the amount of the parking charge
- A statement of the grounds on which the charge is claimed (i.e., what the driver allegedly did wrong)
- Details of how and where to pay
- A statement that the charge must be paid before the end of 28 days beginning with the day after service
- A statement that the keeper is not liable if they were not the driver AND they provide the driver's details
- Information about the right to appeal to the operator and then to POPLA or IAS
- The operator's accredited trade association membership details
- Contact details for the operator
Common NtK Failures
These are the most frequently seen NtK problems:
Late service: The NtK arrives more than 14 days after the event. Calculate the dates carefully, accounting for weekends and postal service days.
Missing prescribed information: The NtK does not include all the required content listed above. Even one missing element can render it non-compliant.
Wrong keeper details: The NtK is addressed to a previous keeper who had disposed of the vehicle before the alleged contravention.
Incorrect wording about driver identification: The NtK must clearly state that the keeper can avoid liability by naming the driver. If this statement is missing or incorrect, the NtK may be non-compliant.
No mention of appeal rights: The keeper must be informed of their right to appeal, both to the operator and to the independent appeals service.
How to Check Your NtK
- Note the date of the alleged contravention on the NtK
- Note the date printed on the NtK as the date it was sent
- Note the date you actually received it (if you can evidence this, e.g., from the postmark)
- Count the days between the contravention and the date of posting
- Check all required content is present
- If anything is missing or the timing is wrong, you likely have grounds for appeal
NtK vs Charge Certificate vs Notice to Driver
Do not confuse the NtK with other documents:
- Notice to Driver: Given at the time of the alleged contravention (on the windscreen or handed to the driver)
- NtK: Sent by post to the registered keeper
- Charge Certificate: Sent by councils (not private operators) when a PCN remains unpaid
- Debt collection letters: Not official documents; just payment demands from a third party
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