Keeper liability under PoFA Schedule 4, explained plainly

Driver and keeper are different

The registered keeper is the person recorded by the DVLA. The driver is whoever parked. They are often the same person, but not always. The keeper does not have to name the driver.

The conditions

To pursue the keeper under Schedule 4, the operator must have a right to enforce the charge against the driver, and must give a notice to keeper that contains the information the Schedule lists and is given within the time limits in paragraph 8 or paragraph 9.

Paragraph 4 says the right can only be used after 28 days beginning with the day after the notice to keeper was given, and the maximum it can recover from the keeper is the amount stated in the notice to driver or, if none, the notice to keeper.

Where Schedule 4 does not apply

Schedule 4 applies in England and Wales. It does not apply to council penalty charge notices, and it has its own rules for hire vehicles. Some land, such as land covered by railway or airport byelaws, falls under separate rules.

What this means in practice

If the keeper notice does not meet the conditions, the operator may not be able to hold the keeper liable under Schedule 4. It may still pursue the driver. Whether a point is available depends on the exact dates and wording.

This guide is general information about private parking charges in England and Wales. It is not legal advice. The dates and wording on your own notice control, and every point is fact-dependent.

Common questions