Missing POFA Declaration. Why It Makes Parking Charges Unenforceable

The Required Statement That Many Operators Forget

The Protection of Freedoms Act 2012 introduced specific requirements for how private parking operators can pursue the registered keeper of a vehicle when the driver is unknown. One of the most important requirements is the POFA keeper liability declaration that must appear on the Notice to Keeper.

If this declaration is missing, incomplete, or incorrect, the operator cannot enforce the charge against the keeper.

What the POFA Declaration Must Say

Schedule 4 of POFA 2012 requires the NTK to contain specific information, including a statement that:

• The keeper is liable for the charge unless they identify the driver
• The keeper can appeal the charge
• The process for appealing is explained
• The relevant time periods are stated

The exact wording varies but must convey the legal effect of keeper liability under POFA. A vague or ambiguous statement may not satisfy the legal requirement.

Why Operators Get This Wrong

Many operators use automated notice generation systems. When these systems are poorly configured or when template notices are not updated to reflect legal requirements, the POFA declaration may be:

• Missing entirely. some notices simply do not include any reference to keeper liability
• Incomplete. the statement mentions the keeper but does not explain the right to appeal or the relevant deadlines
• Incorrectly worded. the statement uses language that does not accurately reflect the legal position under Schedule 4
• In the wrong location. the declaration exists in a separate document rather than on the NTK itself

The Legal Effect

If the POFA declaration is defective, the operator cannot transfer liability from the driver to the keeper. Since the operator used DVLA data to find the keeper (rather than identifying the driver at the time), they are relying entirely on POFA keeper liability provisions. Without a compliant declaration, this mechanism fails.

The practical result is that the charge becomes unenforceable unless the operator can identify and pursue the actual driver.

How Common Is This Defect

Based on Parking Mate UK assessment data, missing or defective POFA declarations are found in approximately 25% of parking charge notices reviewed. It is the second most common defect after late NTK.

Combined with other defects such as late service or inadequate signage, a missing POFA declaration significantly strengthens an appeal.

Start Your Appeal

Parking Mate UK checks the POFA declaration as part of the full assessment. Upload your parking charge notice and Parking Mate UK will identify whether the keeper liability statement meets the legal requirements.