Do I have to name the driver? Private parking rules explained
By Parking Help team · Updated · 6 min read

Quick answer
Do I have to name the driver? Private parking charges work differently from council tickets: in England and Wales you don't have to name the driver of a private parking charge. If the company follows the Protection of Freedoms Act 2012 exactly, it can hold the registered keeper liable instead. You don't have to say who was driving, but never say anything untrue.
On this page
Keeper liability in plain English
A private parking charge is a claim that the driver agreed to the terms on the signs and broke them. If the company doesn't know who the driver was, it can only pursue the registered keeper using the rules in Schedule 4 of the Protection of Freedoms Act 2012 (PoFA). Those rules are strict: the right notices, the right wording and the right timing.
This is very different from council parking tickets and police notices, where other laws apply.
Registered keeper vs driver
| Driver | Registered keeper | |
|---|---|---|
| How they can be liable | Under the terms on the signs | Only through PoFA, if every condition is met |
| Scotland and Northern Ireland | Can be pursued | No keeper liability — PoFA doesn't apply |
| Must they be named? | Not by the keeper for private parking | — |
When not naming the driver makes a difference
Not naming the driver matters most when the company can't use the keeper route. Our checker looks at each of these from your answers. For example:
- The notice to keeper was late — see the notice to keeper 14 days rule.
- A ticket was put on the car and the notice to keeper didn't arrive between 29 and 56 days later.
- The letter says it isn't relying on PoFA ('non-PoFA').
- The parking was in Scotland or Northern Ireland.
- The land is covered by byelaws, such as many airports and ports. Railway station car parks have counted as 'relevant land' since 26 December 2025.
- Parked: Sunday 13 September 2026; letter dated Thursday 1 October 2026
- Counts as delivered: Monday 5 October 2026; last day was Sunday 27 September 2026
- The notice was late, so the keeper route isn't available. Unless the company knows who drove, it would need to prove it.
Honesty comes first
Important
Never say anything untrue
You don't have to say who was driving, but never say anything untrue. If the case goes to court, you must answer the judge truthfully. Don't guess, and don't deny something that is true.
Staying silent about who was driving is allowed. Saying something false is not, and it can cause you serious problems in court.
In practice, that means you can leave the question unanswered in letters. But don't sign anything — such as a form — that names someone as the driver unless it is true.
If you've already told them who was driving
Then the keeper rules matter much less, because the company can pursue the driver directly. Focus on the other points: whether the signs were clear, whether you were within the parking grace period, or whether you were a genuine customer.
What to write instead
You don't need to explain why you aren't naming the driver. In an appeal or reply, a short line is enough:
Good to know
Example wording
I am the registered keeper of the vehicle. I am not required to name the driver and I will not be doing so. No assumption should be made about who was driving.
Use this wording only if it's true for you. If you were the driver and you're asked directly in court, you must say so. Our letters use keeper wording by default and switch to driver wording if you tell us you were driving.
Scotland and Northern Ireland
PoFA doesn't apply in Scotland or Northern Ireland, so there is no keeper liability there at all. The company has to show who was driving. Some company letters say only the driver can appeal in those places, so check what yours says.
Company cars and hire cars
If the car belongs to an employer, the company may be asked to say who was using it. For hire and lease cars there are separate 'notice to hirer' rules — see parking charge on a hire car.
Examples on this page are illustrative and based on typical situations, not real cases.
Frequently asked questions
Is it against the law not to name the driver of a private parking charge?
No. For private parking charges, the keeper isn't required to name the driver. Council and police notices work differently.
Can they just assume the keeper was driving?
PoFA doesn't say the keeper was the driver. It creates a separate route to hold the keeper liable, and only if its conditions are met.
What if I genuinely don't know who was driving?
Then say nothing about it, or say you don't know if that is true. Never guess.
Will a judge ask who was driving?
A judge may ask. You must answer truthfully.
Does this apply to council parking tickets?
No. Council penalty charge notices are covered by different rules, and the vehicle owner is usually liable.
Does a company car change anything?
The employer is usually the keeper, so the letters go to them, and they may ask you about it. Answer honestly.
Sources
This is a free self-help guide, not legal advice. Check your own letters and dates. If you're unsure, get free advice from Citizens Advice. Written by the Parking Help team.
Related guides
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