POFA 2012 Schedule 4: What It Means for Private Parking Charges

What Schedule 4 actually does

Under ordinary contract law, only the driver of a vehicle is party to any contract formed with a parking operator. The keeper of the vehicle has no automatic liability simply because they own or registered it. Schedule 4 of POFA 2012 creates a narrow exception: it allows an operator to transfer liability to the keeper, but only if every procedural requirement in the Schedule is met in full.

This means keeper liability is not a default position. It is a statutory privilege granted to operators on strict terms. A single failure to comply with those terms removes the privilege entirely, and the charge can only lawfully be pursued against the driver, whose identity the operator may not know.

The Notice to Keeper: timing and content requirements

The cornerstone of Schedule 4 compliance is the Notice to Keeper (NtK). This is a separate document from the Parking Charge Notice (PCN) left on the windscreen or sent initially to the driver. The NtK must be sent to the registered keeper by post.

Timing is critical. If a Notice to Driver was given at the time of the alleged contravention, the NtK must be sent between 29 and 56 days after the date of that notice. If no Notice to Driver was given (for example in a drive-through ANPR-only scenario), the NtK must be sent within 28 days of the vehicle's presence on the land. Missing either window means Schedule 4 cannot be used.

The NtK must also contain specific information set out in paragraph 8 of the Schedule. This includes: the vehicle's registration mark, the period of parking, the land on which the vehicle was parked, the grounds on which the charge is claimed, the amount of the charge, details of how to pay or appeal, a statement that the keeper may be liable if the driver is not identified, and a request that the keeper either pays or provides the driver's name and address.

How to check whether the NtK you received is compliant

Read every line of the notice carefully against the requirements above. Common failures include notices sent outside the permitted window, notices that do not state the exact period of parking, and notices that fail to include the correct statutory warning about keeper liability.

Check the date on the envelope against the date of the alleged event. If the envelope was postmarked more than 56 days after a windscreen ticket, or more than 28 days after an ANPR capture with no windscreen ticket, the NtK is out of time and Schedule 4 cannot apply. You are not required to prove the operator's error; the burden is on the operator to demonstrate compliance if the matter ever reaches the independent appeal stage.

The operator's appeal process and independent review

Before relying on a Schedule 4 defect in an independent appeal, you should raise it at the operator's own first-stage appeal. State clearly that you are the keeper, not necessarily the driver, and that the NtK does not comply with Schedule 4 because of the specific defect you have identified.

If the operator rejects your appeal, the next stage depends on which trade association they belong to. Operators accredited by the British Parking Association (BPA) use POPLA (Parking on Private Land Appeals). Operators accredited by the International Parking Community (IPC) use the Independent Appeals Service (IAS). Both services can consider Schedule 4 compliance arguments. POPLA in particular has a published track record of cancelling charges where NtK timing or content is defective.

What happens if you ignore a non-compliant charge

A private parking charge is not a fine and carries no automatic enforcement power. An operator who cannot establish keeper liability under Schedule 4 would need to pursue the driver through the civil courts instead. If the driver's identity is genuinely unknown and Schedule 4 was not properly followed, the operator has very limited options.

That said, ignoring a charge entirely is not always the right approach even when you believe it is non-compliant. Some operators do issue county court claims, and a default judgment entered because no defence was filed can cause practical difficulties. If you identify a Schedule 4 defect, the better course is to appeal formally, document the defect clearly, and keep records of all correspondence.

Keeper liability and the driver: your options as registered keeper

Schedule 4 gives keepers one important choice. You can provide the name and address of the driver at the time, in which case liability shifts to that person and you are released as keeper. Alternatively, you can decline to name the driver and contest the charge on the basis that Schedule 4 conditions were not met.

You are under no legal obligation to identify the driver to a private operator (unlike the position with the police under road traffic law). However, if you do choose to name someone, do so accurately. Providing false information is a separate matter entirely and not something FineFlip can assist with.

The single Code of Practice and recent changes

The BPA and IPC now operate under a single Code of Practice introduced in 2023 following a government review of private parking. The Code reinforces many of the Schedule 4 requirements and sets expectations around signage, grace periods, and appeal handling. Where an operator fails to meet the Code as well as failing on Schedule 4 grounds, both arguments can be raised together at appeal.

FineFlip provides tools and guidance to help you structure your appeal clearly. The information on this page is educational and does not constitute legal advice. If your charge involves a significant sum or court proceedings have already begun, consider seeking advice from a solicitor or a citizens advice service.

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