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Hi All,

I am looking for a little assistance regarding an NTK I have received as the keeper of a vehicle dated December 24th, 2025.

I am not resident in the area and I was not the driver on the date in question.

Please find a link to a copy of the letter:

https://files.fm/u/jazqts337k

I’ve found a similar case relating to this car park discussed on FTLA late last year .

https://www.ftla.uk/private-parking-tickets/pcn-appeal-help/msg99907/#msg99907

Based on the advice in that thread, I’m intending to challenge the PCN as keeper on PoFA 2012 grounds using the wording quoted below.

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 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. Carflow 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 twisted interpretation of the law of agency. Your NtK can only hold the driver liable. Carflow have no hope at POPLA, so you are urged to save us both a complete waste of time and cancel the PCN.

I would greatly appreciate it if one of the regulars here on the forum could cast a quick glance over the letter and ensure that the wording of this initial challenge is still correct in the context of the letter I have received.

Many thanks in advance,

Rhyobit.

Removed, no longer relevant since dates were given below.

Looks like they're potentially out of time here for keeper liability.

Assumptions based on the dates on the notice that aren't obscured:

Payment by 21/01 (within 14 days) - Which means date of notice can be assumed on the 7th of January.

Contravention date of 24/12, means the notice has to be delivered on or before the 7th of January. (14 days commencing day after contravention)

But since they generated it on the 7th, the earliest delivery date could've been assumed on the 9th.

This is all based on assumptions as the actual dates are obscured. Can't know for certain until those dates are known.

Apologies, I'd missed that bit, car reg bits were in there so I just blanked the whole section.

Postal date is 05-01-26
PCN Issue/Given Date: 07-Jan-26

You’ve obscured dates, please read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/

In what way does this notice not comply with PoFA 2012?

So my understanding, happy to be corrected, is that they should have posted this no later than the 5th for it to be delivered on the 7th to comply with the 14 day window.  As it stands, the Issue/Given date is *after* the postal date which doesn't make sense to me, should it not be issued and then posted?

Further, I've literally only just received this today - I still have the envelope with just the royal mail processing barcode on it, there's no franking or independent postage date.  Doesn't that put it outside of the required timelines for keeper liability?

Thanks — setting this out once more, tying it directly to PoFA.

Re-checking against PoFA Schedule 4:

• Parking event: 24/12/2025
• NtK postal date stated on notice: 05/01/2026
• NtK issue/given date: 07/01/2026

Under para 9(4), the NtK must be delivered no later than day 14, being 07/01/2026.

Under para 9(6), a notice sent by post is presumed delivered on the second working day after posting unless the contrary is proved.

In this case the NtK was not delivered within that period. Delivery occurred after 07/01/2026, and the notice itself is internally inconsistent (issue/given date after the stated postal date), meaning the presumption in para 9(6) cannot safely be relied upon.

On that basis, I understand keeper liability is not established. Please correct me if I’ve misunderstood.

If I don’t receive confirmation either way, I’ll proceed with submitting the standard keeper appeal to the operator to ensure I don’t miss the appeal deadline.

The date a notice is presumed "given" is the date it is presumed delivered, so in this case, they have posted the notice just in time, it being presumed delivered (aka "given") on 7th.

Are you able to host the images on a different site such as Imgbb? My firewall is repeatedly blocking files.fm

Update: keeper appeal has now been submitted to the operator by email, as the appeal deadline was imminent and I didn’t want to risk missing it.

Thanks all — I’ll update the thread when a response / POPLA code is received.