As the registered keeper I have received a PCN from NCP. The incident occurred on 22nd November 2025 and the PCN is dated 12th December 2025. Well after 14 days I believe to hold the keeper liable. Apparently the driver entered the car car park at 1144hrs and drove around looking for a car parking space and each time one became available they were unable to do so due to the queue for spaces.
The driver then decided to exit the car park but there was a queue to leave.They left at 1157 hours as per ANPR capture. From my point of view there is no requirement for the registered keeper to nominate the driver due to non compliance with POFA. Please can you provide your views.
I will add the PCN for viewing but cannot see how to add a photograph at this stage.
There is never any requirement for the registered keeper to identify the driver. In addition to non-compliance with PoFA, the driver was unable to park and the cameras did not record a “period of parking” for that reason, but a simple appeal will get things started, I’d save the other point for POPLA in due course. NCP have actually been known to allow first appeals, so you never know. Deemed delivery date 16/12.
Thanks for the advice I assume the appeal should be made on website rather that by letter.I have managed to download images of PCN but having difficulty in migrating to this site. Will seek advice from someone more tech savvy.Thanks
As a matter of interest, was the location a train station or airport by any chance?
Whatever, happens, as long as the driver is not identified, there can be no Keeper liability if the dates you have mentioned are correct for the alleged contravention and the issue date of the PCN.
The location given on the PNC is Cardiff Adam Street.The PCN gives a period of parking as entry 22/11/2025 11.44.09 exit 11.57.25.
Easy one to deal with… as long as the
unknown drivers identity is not revealed. There is no legal obligation on the
known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the
unknown driver and no inference or assumptions can be made.
The NtK is not compliant with all the requirements of PoFA which means that if the
unknown driver is not identified, they cannot transfer liability for the charge from the
unknown driver to the
known keeper.
Use the following as your appeal. No need to embellish or remove anything from it:
I am the keeper of the vehicle and I dispute your “parking charge”. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client/landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of the Protection of Freedoms Act 2012 (PoFA 2012), you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. NCP has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some strained interpretation of the law of agency. Your NtK can only ever attempt to hold the driver liable.
Further, you are now on notice that I am also reporting NCP to the DVLA for breach of the Private Parking Single Code of Practice, Section 8.1.1(d). You will be aware that DVLA data access is conditional upon compliance obligations, and that breaches engage your KADOE contract. I will not set out the detail here; you are invited to look up Section 8.1.1(d) yourself.
NCP has no prospect of success at POPLA. You are urged to save us both a complete waste of time and cancel this charge.
I suggest you make the formal complaint to the DVLA that NCP have issued an NtK 20 days after the date of the alleged contravention and it was not given (served) until 24 days after the date of the alleged contravention. However, they have stated in their NtK that they are holding the Keeper liable if the driver is not identified. That is a clear breach of the PPSCoP section 8.1.1(d) which states:
The parking operator must not serve a notice which in its design and/or language: state the keeper is liable under the Protection of Freedoms Act 2012 where they cannot be held liable.
Because their NtK specifically states that they can recover from
you (the Keeper) the charge if it is not paid. They have used the exact language from PoFA paragraph 9(2).
Thanks for the advice and appeal sent to NCP.In relation to the DVLA do I just need to to send the outline of my complaint as suggested above.
Is there a specific address i.e. for KADOE as the options on their complaints page does not seem to fit for the purpose to register complaint.
You can try and email the DVLA KADOE compliance team at complaints@dvla.gov.uk otherwise, you’ll have to use their webform.
A complaint as been sent await to see outcome and reply from DVLA and appeal to NCP. Next stop locate landowners.
Just received a reply to appeal and NCP have cancelled PCN. Once again a big thank you to members of this site.
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