NTK Arrived Late.....are my assumptions correct?

Chris_P._Bacon_3

Hi all...I after some advise & reassurance please.

My son recently received a Parking Charge Notice to the Keeper. This is dated 15/10/2025 & alleges an offence on the 9/8/2025. No windscreen ticket was posted.

From reading the advice given on MSE it seems to me that as the NTK arrived after the 14 day deadline set out in the POFA no keeper liability is possible & it is the driver who they must pursue for payment (whoever he may be).

I have drafted the following for my son to send them via their online appeals system...

Dear Sir or Madam,

Re: Parking Charge Notice number XXXXXXXXX

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement, and there will be no admission as to who was driving and no assumptions can be drawn.

As your Parking Charge Notice to the Keeper arrived after the 14 day deadline set out in Paragraph 9 of the Protection of Freedoms Act there is no keeper liability possible. You must pursue the driver of the vehicle for settlement.

FYI the company involved is District Enforcement Ltd & the alleged offence took place in Southport.

Would very much appreciate some guidance as to whether I've understood the rules correctly & if you think my note is correct.

Many thanks in anticipation & keep on doing what you do... 

Gr1pr

it definitely doesnt mention the word OFFENCE, not allowed , no offence was committed  !

it will mention a breach of the alleged parking contract on that private property

check if it complies with POFA2012 or not by studying the newbies sticky thread in announcements

POFA2012 is not mandatory, its optional, so they could be following the alternative of 6 months to obtain keeper details and one month to get it to the driver, nothing to do with enforcing POFA or Keeper Liability, but they will pursue it on the basis that they believe the keeper and driver were the same person

Chris_P._Bacon_3

Many thanks for your input...yes you are right...the word "offence" was mine....it talks about "Unauthorised parking" being the "Reason for issue".

I thought all members of the BPA or IPC adhered to the POFA code?

The NTK looks like this...how can I tell if it complies?



They must have approached the DVLA very soon after the date shown as he changed address at the end of August & notified the DVLA of the change so his V5 would have been at the new address from early September but the PCN came to his old address (parental home).I just don't see how they can issue a ticket over two months after the incident & that be OK...  

Gr1pr

No they definitely don't, POFA2012 is not mandatory,  so they may and do ignore it,  some have not bothered trying to comply in the last 12 or more years 

Compare your NTK PCN letter to the examples in the newbies announcement near the top of the forum by coupon mad,  which all newbies or people unfamiliar with the topics should study

They are only allowed to access the DVLA database once per incident,  but it's been standard practice for 15 or more years that the 6 months to obtain keeper details and one month to get the pcn to the keeper rule applies,  so before Pofa2012 existed,  plus at railway stations,  airports and ports which are not relevant land for POFA2012,  therefore the 6 + 1 rule applies there too

Its currently an unregulated industry,  anything goes

Umkomaas

The NTK looks like this...how can I tell if it complies?

Easy, it doesn't. Dates, plus the fact that they are chasing you as the driver (not the keeper). Not complying with PoFA doesn't make the charge invalid. But good luck to them proving who the driver was!