Wrong Driver Appeal Letter (I Was Not Driving)
A template for appealing a private parking charge when you were not the person driving the vehicle at the time of the alleged contravention. Covers keeper liability requirements under POFA 2012 Schedule 4 and the specific conditions that must be met before a keeper can be held liable.
When to Use This Template
Use this template when you have received a parking charge as the registered keeper of the vehicle, but someone else was driving at the time. Under POFA 2012, the operator can only hold the keeper liable if specific conditions are met, including proper service of the Notice to Keeper with the correct wording. If those conditions are not met, the operator must identify and pursue the actual driver instead.
Appeal Letter Template
[YOUR NAME] [YOUR ADDRESS] [YOUR CITY] [YOUR POSTCODE] [DATE] [OPERATOR NAME] [OPERATOR ADDRESS] Dear Sir or Madam, Re: Parking Charge Notice [PCN REFERENCE] Vehicle Registration: [VEHICLE REG] Location: [LOCATION] Date of Alleged Contravention: [DATE OF ALLEGED CONTRAVENTION] I am writing to formally appeal the above parking charge notice. I was not the driver of the vehicle at the time of the alleged contravention and I do not accept liability for this charge. I Was Not the Driver I confirm that I am the registered keeper of the vehicle with registration [VEHICLE REG]. However, I was not driving or in control of the vehicle on [DATE OF ALLEGED CONTRAVENTION]. [OPTIONAL: BRIEFLY EXPLAIN, e.g. the vehicle was being used by a family member; the vehicle was lent to a friend; I was at work/away at the time.] Keeper Liability Under POFA 2012 Under Schedule 4 of the Protection of Freedoms Act 2012, a parking operator may only transfer liability from the driver to the registered keeper if ALL of the following conditions are met: (a) The operator must have served a compliant Notice to Keeper within 14 days of the alleged contravention (or within 14 days of obtaining the keeper details from the DVLA). (b) The Notice to Keeper must contain the prescribed wording set out in the Act, including a statement that the driver is liable for the charge; that if the driver does not pay, the keeper becomes liable; and that the keeper can discharge liability by paying the charge, naming the driver, or making representations to the operator. (c) The operator must not have already been given the name and address of the driver by the keeper. I challenge the operator to demonstrate that each of these conditions has been fully met. Section 56 Notice If you seek to hold me liable as the registered keeper, I note that the requirements of Schedule 4 paragraph 4 of POFA 2012 are strict. The NtK must contain the exact statutory wording. Any deviation from the prescribed format, any omission of required information, or any failure to serve the notice within the 14-day window renders keeper liability invalid. In that case, your only recourse is to identify and pursue the actual driver of the vehicle. I Have Not Identified the Driver I am not in a position to identify the driver of the vehicle on the date in question. [ADAPT AS NEEDED: e.g. the vehicle is used by multiple members of my household; the vehicle was lent to someone who I am no longer in contact with.] I am not legally obliged to identify the driver to you. The burden is on the operator to establish liability, not on the keeper to prove innocence. Request I request that this charge be cancelled against me. If you cannot demonstrate full compliance with POFA 2012 Schedule 4, you have no grounds to hold me liable as the registered keeper. If this appeal is rejected, I will escalate the matter to [POPLA / IAS] as the independent appeals service. Yours faithfully, [YOUR NAME]
How to Use This Template
- 1
Replace all placeholders in square brackets with your actual details.
- 2
You are NOT legally required to name the driver. You may choose to do so, but it is not mandatory.
- 3
If you know who was driving and are willing to provide their details, the operator should then pursue that person instead.
- 4
If the NtK was served late (more than 14 days after the event), keeper liability does not apply at all, regardless of who was driving.
- 5
Send by recorded delivery and keep a copy.
- 6
Replace [POPLA / IAS] with the correct body depending on whether the operator is a BPA or IPC member.
Tips for a Stronger Appeal
Many people are surprised to learn that you do not have to name the driver. Unlike council PCNs (which can require keeper identification under TMA 2004), private parking charges under POFA 2012 do not impose this obligation.
Check the NtK wording very carefully. If it does not contain the exact statutory prescribed wording, keeper liability fails entirely.
If the vehicle is a company car, the employer (as registered keeper) can use this template and is not obliged to name the employee driver.
The operator may write back asking you to identify the driver. You can decline. Their only option then is to prove who was driving through their own evidence (such as ANPR images showing the driver).
This defence works best when combined with a POFA compliance challenge. If the NtK was also late, you have two strong grounds.
Search MoneySavingExpert and PePiPoo forums for similar cases. Operators regularly fail to establish keeper liability.
This Is a Generic Template
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