New - Notice to Keeper - BaySentry Solutions

Lemonhead39

Hi All

I have used this forum before and actually won a case against Excel in court so i'm not necessarily a newbie and here I am again.

Before I provide any details in to this latest challenge I am looking for some informatio regarding the provision of a notice to keeper.

Under Schedule 4, paragraph 9 of the Protection of Freedoms Act 2012 (POFA), where there was no notice placed on the vehicle, the operator must ensure that the Notice to Keeper is delivered within 14 days, beginning with the day after the parking event.

For an alleged parking contravention on 22 July 2026:

• Day 1 = 23 July
• Day 14 = 5 August

The notice was not delivered via post until 06-August so it appears to be one day outside the POFA 14-day period.

From ChatGPT - Failure to comply with Schedule 4 means the operator normally loses the statutory right to transfer liability from the unidentified driver to the registered keeper. Government guidance expressly says that failure to meet the Schedule 4 requirements forfeits the right to pursue the keeper using POFA.

Some other points

- It was actually my son who was driving but I am the registered keeper of the car.

- The date of the notice is 31 July.

I would be grateful if you could help with the below questions please.

- Should I write back to BaySentry advising them that they have delivered the notice to keeper outside the required timeframe?

- What is to stop them saying they delivered it within the timeframe?

Thanks

Gr1pr

With an issue date of 31st July, the NTK PCN letter was presumed delivered on Tuesday 4th August, so within the Pofa2012 timeframe

eternalsunshinee

Unfortunately pofa says that it can be assumed the letter was delivered on the second working day after it was posted

Coupon-mad

What about the wording. POFA compliant?

Lemonhead39

Looks like it.

• It identifies the vehicle and the relevant parking period through the ANPR arrival/departure times.
• It states the circumstances giving rise to the charge — allegedly parking without a valid parking session/electronic permit.
• It says the driver is required to pay the charge and that BaySentry does not know the driver's name/current postal address.
• It invites the keeper to provide the driver's name and address if they were not the driver.
• It gives the amount outstanding: £100, with the £60 discounted payment.
• Crucially, it contains the POFA keeper-liability warning: if the charge remains unpaid and they do not know the driver's name/address after the specified period, they claim the right to recover the unpaid charge from the keeper.
• It identifies BaySentry Solutions as the creditor.
• It provides payment and appeal information.

Coupon-mad

Oooh please show a redacted image of BOTH sides of your NTK because I only have Bay Sentry's non-POFA version in my collection so far in my thread (you'll have to c&p the URL into another tab, as it's too long a post to quote here):

https://forums.moneysavingexpert.com/discussion/6483542/a-thread-of-pictures-of-parking-firm-ntks/p1