Is your NtK valid?

This tool checks a Notice to Keeper (NtK) you've already received against the requirements of the Protection of Freedoms Act 2012 (PoFA) Schedule 4. It is intended for use in England and Wales, where PoFA applies. In Scotland and Northern Ireland, things are different.

Answer the questions below based on what your NtK actually says. The tool will explain any defects found — these can form the basis of a defence if the parking operator later brings a claim.

Note: The generated text is for informational purposes only and should not be considered legal advice. Always consult with a qualified legal professional for advice specific to your situation.

May include "parking period", "period of parking", "start and end time", or "duration of parking"
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PoFA was seemingly written to handle parking overstays, yet is often deployed by parking operators for other misdemeanours, such as parking out of hours, stopping in a no-stopping zone, or parking out of bay. For these more exotic cases, PoFA does not provide much guidance on what constitutes a parking period, so this is a bit of a grey zone.

If the NtK shows some kind of a start and an end time, or a parking duration, then this is likely valid, so choose 'yes'.

If the NtK shows a single time, or a single time with the phrase like 'the period immediately preceding [time]', then this can be contested, so choose 'no'.

If it is not even alleged that you parked, (e.g. if the allegation concerns a no-stopping zone) then this is likely a 'no'.

If you choose 'no', you may need to manually edit the defence to tailor it to your situation and the NtK's exact wording regarding times.

Select 'not sure' to skip this one.

Help

For liability to transfer from driver to keeper, the NtK must invite the keeper to either pay the charge or identify the driver, and warn that if neither happens, the keeper will be held liable for the charge as if they were the driver.

There is some very exact wording within PoFA Sch.4 para 9 (4). The NtK should contain the following text, either word for word exact, or very close to it:

warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid

e.g. 'Birmingham City Centre' as a parking location is too vague. The location should generally identify a particular car park or street.
Check the location in the NtK carefully. Sometimes a neighbouring car park will be given instead of the correct location.
No location is specified at all.

PoFA results:

Defence:

Review this defence carefully before submitting it to the court.
Character Count: 0