Someone Else Was Driving: What to Do About a Parking Fine

Someone Else Was Driving: What to Do About a Parking Fine

One of the most frustrating situations with parking fines is receiving one when someone else was driving your vehicle. Whether you lent your car to a friend, family member, or colleague, you might think the charge has nothing to do with you. Unfortunately, the law is not that straightforward.

Keeper Liability Under POFA 2012

The Protection of Freedoms Act 2012 (POFA) introduced a concept called "keeper liability." This means the registered keeper of a vehicle (the person named on the V5C logbook) can be held liable for a private parking charge, even if they were not driving at the time.

Before POFA, private parking operators could only pursue the actual driver. Since they rarely knew who was driving, this made enforcement almost impossible. POFA changed everything by allowing operators to transfer liability to the keeper if:

1. The operator is a member of an accredited trade association (BPA or IPC)
2. A valid Notice to Keeper (NtK) was served within the required timeframe (between 29 and 56 days after the alleged contravention)
3. The driver has not been identified to the operator

Section 56 Notices and Driver Identification

When a private operator sends you a parking charge, they typically include a form or section asking you to identify the driver. This is sometimes called a Section 56 notice (referring to Schedule 4 of POFA).

You are not legally required to identify the driver to a private parking operator. However, if you do not identify the driver, keeper liability kicks in and you become liable for the charge yourself.

With council PCNs, the situation is different. When a council issues a Notice to Owner (NtO), it includes a formal requirement to provide the driver's details if you were not driving. Failing to respond to a council NtO can result in increased charges.

When You Are Liable

As the registered keeper, you are liable for a private parking charge if:

• The NtK was served correctly within the required timeframe
• You have not identified the driver
• The operator is a member of an accredited trade association
• The original charge was validly issued (proper signage, etc.)

For council PCNs, the registered keeper is liable unless they transfer liability to the actual driver.

When You Are NOT Liable

You may not be liable if:

• The NtK was served late: It must arrive between 29 and 56 days after the contravention. If it arrives outside this window, keeper liability does not apply.
• The NtK is defective: It must contain specific information set out in POFA. Missing or incorrect information can invalidate it.
• The vehicle was stolen: If the vehicle was taken without your consent, you are not liable.
• You identify the driver: If you name the actual driver (and provide their address), liability transfers to them.
• The operator is not accredited: If the operator is not a member of BPA or IPC, they cannot use keeper liability.

What to Do Step by Step

1. Check who was driving: Before responding, confirm who was actually driving your car on the date in question.
2. Review the NtK carefully: Check the date it was served and whether it contains all required information. The MoneySavingExpert parking forum has detailed checklists for NtK compliance.
3. Decide whether to name the driver: If you name the driver, the operator can pursue them instead. If the driver is a close family member, you might want to discuss this with them first.
4. Check for other appeal grounds: Even if keeper liability applies, the underlying charge might be invalid due to poor signage, incorrect contravention details, or procedural errors.
5. Appeal if appropriate: Use our free appeal letter generator to draft your response.

Council PCNs vs Private Charges

For council PCNs, the process is more structured. The Notice to Owner will include a specific section for transferring liability. If you complete this section and provide the driver's details (name and address), the council should cancel the charge against you and pursue the driver instead.

For private parking charges, naming the driver is less formal. You simply write to the operator stating you were not the driver and provide the driver's name and address. The operator should then pursue the driver directly.

Common Scenarios

You lent your car to a friend: You can name them as the driver. Be aware this may affect your friendship. Some people choose to pay the charge themselves rather than involve the other person.

Your partner was driving: The same rules apply regardless of your relationship. You can name them or accept keeper liability yourself.

You genuinely do not know who was driving: If your car is regularly used by multiple people and you truly cannot identify the driver for a specific date, state this in your response. However, vagueness can weaken your position.

A company car used by employees: See our guide on company car parking fines for the specific rules around fleet vehicles.