Free Traffic Legal Advice

My partner received in the post yesterday a NTK (NTK_LINK) for 'Parking longer than the permitted time'

I'll be asking her shortly if she can recall any helpful information from the driver, but on the face of it, does it look like a notice she can avoid paying? The driver certainly would have been a customer at one of the associated stores.

Thank you in advance.

The NTK is not atempting to use https://www.legislation.gov.uk/ukpga/2012/9/schedule/4 to transfer liabiliity from the unknown driver to the registered keeper, nor can it because it is issued too late to comply with one of the legislation’s requirements (it needed to be issued by 9 July for this), so the registered keeper should appeal saying that the driver will not be identified and that the registered keeper is not liable because Britannia is unable to use PoFA 2012 to transfer liability.

If the appeal is rejected, after “careful consideration”, meaning the big red “no” button, then a follow-up appeal to POPLA will be required which will more likely be upheld.

See https://www.ftla.uk/private-parking-tickets/overstay-parkingeye-private-parking-charge-notice-asda-ashford-kent/msg126985/#new for example, which will require minor modification.

Thanks for this.

What is considered the issue date?

Date of contravention:   29/06/26
Date of notice:      23/07/26
Date received in post:   05/08/26

And is there somewhere this rule is written that I can copy in?

Thank you,

I read the relevant paragraph and it states that they must serve within 14 days. Here is the appeal:

Dear Sir or Madam,

I write as the registered keeper of the above vehicle to appeal the Parking Charge Notice.

This Notice to Keeper does not comply with the mandatory requirements of Paragraph 9 of Schedule 4 to the Protection of Freedoms Act 2012. As a consequence, you are unable to transfer liability for the alleged parking charge from the driver to the registered keeper.

I am under no legal obligation to identify the driver and I decline to do so.

In the circumstances, there is no lawful basis upon which to pursue me as the registered keeper, and I require that this Parking Charge Notice be cancelled.

Should you reject this appeal, please provide a full explanation of the legal basis upon which you contend I am liable as the registered keeper despite your failure to comply with the requirements of Paragraph 9 of Schedule 4 to the Protection of Freedoms Act 2012, together with the verification code required to refer the matter to the appropriate independent appeals service.

I look forward to your confirmation that this Parking Charge Notice has been cancelled.

Yours faithfully,

Hiya,

Yes, she is the registered keeper. I suppose my thinking that they should do their own research and that we shouldn't make it easy for them (at this stage anyway)?

POPLA will almost certainly uphold the appeal due to the date but you must go through the operator appeal process first.

You could simply add "- the notice was served beyond the 14 day mandatory period" to your second sentence.

I have a hunch that POPLA will just say it's OK

That would be unusual. Whilst POPLA don't go in for some of the more technical arguments, they do usually judge correctly on non-PoFA cases that are as obvious as an out of time notice, when the argument is presented properly.

As this is a Waitrose carpark have you tried there to get them to cancel?

This is worth a go. Anecdotally supermarkets are quite good at intervening.

We just received the following email in response to the appeal we submitted to Britannia.

Here it is:

"Re: Parking Charge Number A7499040, Vehicle: HY16VXS
Site: Wokingham - Waitrose
Issue date: 23/07/2026
Thank you for your appeal.

This Parking Charge is not POFA compliant, however, payment can still be sought under the old ‘implied-
contract-with-the-driver’ rules used prior to POFA.

Under Contract Law there is a probability that the Keeper was the Driver if the Keeper does not nominate
anyone else.

Britannia Parking have made no assumptions as to the identity of the driver. We have written to you as
the vehicle’s keeper to inform you of any outstanding contraventions against your vehicle. If you inform us
of the driver’s details, we will pursue them for the Parking Charge. Please be aware that the identity of the
driver does not affect the validity of a Parking Charge.

In addition, should this Parking Charge reach court proceedings, we will put in a request to the judge that
the insurance certificate for the vehicle to reviewed as evidence, to determine who was able to drive the
vehicle at the time of the contravention.

It is our choice as a car park management company, to decide whether to refer to the Keeper Liability
provisions in Schedule 4 of POFA 2012, when we issue a Parking Charge. Not referring to or quoting
POFA 2012 on a Parking Charges does not mean that it was not correctly issued.

It is not a requirement that we must notify you of your Parking Charge within 14 days. This only applies if
we refer to the Keeper Liability provisions in Schedule 4 of POFA 2012 when we issue a Parking Charge.
As we did not, we have 6 months in which we may notify you of the Parking Charge.

We have placed the Parking Charge on hold for 14 days to allow for you to send this information. Please
be aware due to awaiting for additional evidence your appeal response may exceed our 28 day deadline.

Please submit the requested additional evidence or comments through our website using the link below.

You will need your Parking Charge Number and Vehicle Registration:

https://www.britannia-parking.co.uk/en-gb/appeal/

Alternatively, you may email your evidence to parkingcharges@britpark.com, ensuring you include your
Parking Charge Number and Vehicle Registration, or you can send it by post to our registered head office
address.

Please be aware email and postal submissions may delay your appeal being reviewed.

Yours sincerely,
Appeals Department
Britannia Parking"

In addition, should this Parking Charge reach court proceedings, we will put in a request to the judge that
the insurance certificate for the vehicle to reviewed as evidence, to determine who was able to drive the vehicle at the time of the contravention.

Comical that they're still using this line. The insurance certificate tells you almost nothing. My insurance would cover me to drive your car (with your permission).