What POFA Schedule 4 changed in 2012
Before the Protection of Freedoms Act 2012, private parking operators could only pursue the driver of a vehicle for unpaid charges, but identifying the driver from a DVLA keeper lookup was impossible without a court order. The result was widespread non-payment because operators could not enforce against a registered keeper who claimed not to have been driving.
Schedule 4 of POFA 2012 created 'keeper liability': if the driver does not pay within 28 days and the operator follows the prescribed procedure, the liability passes to the registered keeper. The keeper becomes liable even if they were not the driver, unless they provide the driver's details in response to the notice.
This gave private parking operators a genuine enforcement mechanism and spawned the growth of automated number-plate recognition (ANPR) enforcement on private land. It also created the POPLA independent appeals service, the Consumer Code for Parking Companies (CCPC), and the requirement for signage that meets a prescribed standard.
