Notice to Keeper Served Late
The Notice to Keeper (NtK) must be served within 14 days of the parking event when no Notice to Driver was issued. If the operator fails to meet this deadline, they lose the right to pursue the keeper under POFA 2012.
Legal basis
Protection of Freedoms Act 2012, Schedule 4, Paragraph 9(5) - 'The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.'
How to identify this in your case
Check the date on the NtK against the alleged parking date. Count calendar days from the day after parking. If NtK is dated day 15 or later (or arrived day 15+ allowing for posting), the deadline is missed.
Sample appeal wording
Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.
I received the Notice to Keeper dated [NtK DATE]. The alleged parking contravention occurred on [PARKING DATE]. Under POFA 2012 Schedule 4 Paragraph 9(5), the Notice to Keeper must be served within 14 days of the parking event when no windscreen ticket was issued. Simple calculation shows [X] days elapsed between the parking event and the NtK date. The operator has therefore failed to comply with the statutory requirements and has no legal basis to pursue me as the registered keeper.
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- https://www.legislation.gov.uk/ukpga/2012/9/schedule/4
- POPLA Annual Report 2022-2023
Related appeal grounds
- Aberdeen Clean Air Zone ticket issued too early
- Appealing a Scottish tribunal's legal error to a higher tribunal
- Attorney acting for keeper under Scottish power of attorney
- Bailiff acted without proper advance warning notice
- Bath CAZ — Sunset Period for Pre-Registered Commercial Vehicles
- Bay Obstructed or Too Small — Could Not Park Within the Bay Markings