Here's a draft POPLA appeal for you:
POPLA Appeal: PCN No: [Insert PCN Number]
MET Parking Services
Location: KFC, Gatwick Airport
I am the registered keeper of the vehicle in question, and I am appealing the Parking Charge Notice (PCN) issued by MET Parking Services on the following grounds:
1. Gatwick Airport is Governed by Bylaws – No Keeper Liability
MET Parking has argued that the land in question is private and therefore not governed by the airport bylaws. This assertion is incorrect and must be refuted. The statutory control of Gatwick Airport, which is governed by bylaws, applies regardless of whether the land is considered 'private' or publicly accessible. The key issue here is not ownership but the fact that the land falls within the boundaries of Gatwick Airport, which is subject to bylaws.
Private land within the airport boundary does not exempt the operator from the statutory control of the bylaws. The bylaws cover all land within the designated boundary of the airport, as evidenced by the airport map shown in the "Additional Evidence" at the end of this appeal, and this statutory nature of the airport excludes the land from being considered "relevant land" under PoFA.
Therefore, MET Parking cannot apply PoFA at this location, and as such, they cannot hold me, the registered keeper, liable for this charge. By attempting to do so, MET is acting outside of their legal authority, and their Notice to Keeper is invalid.
2. Breach of the BPA Code of Practice (CoP) v9 – Section 2.15
MET Parking is also in breach of Section 2.15 of the BPA Code of Practice v9, which states:
"Where parking on land is subject to Byelaws you must ensure that your practices are in accordance with them or that you don’t operate a scheme that is prohibited by them. For the avoidance of doubt, land managed under Byelaws is not considered as ‘Relevant Land’ under PoFA."
By issuing this PCN and falsely claiming PoFA provisions apply, MET is operating a scheme that is prohibited on land governed by bylaws. MET has completely disregarded the statutory control governing Gatwick Airport and misrepresented their ability to enforce keeper liability under PoFA, which constitutes a violation of this section of the BPA Code of Practice.
3. Breach of the BPA Code of Practice v9 – Section 22.10
MET Parking is also in breach of Section 22.10 of the BPA Code of Practice, which states:
"Your letter to the keeper should point out the details of the unauthorised parking event and ask for payment or request details of the driver. If you are not making use of the keeper liability provisions of PoFA or you are unable to achieve the deadlines specified therein, your letter must not reference PoFA or state that the keeper is liable. If the parking charge notice is not being issued under the provisions of the Protection of Freedoms Act 2012 it must not reference this legislation."
As outlined above, Gatwick Airport land is not relevant land under PoFA, and as such, MET cannot invoke keeper liability. The Notice to Keeper (NtK) issued by MET falsely references PoFA and incorrectly states that the keeper is liable, even though PoFA does not apply. This is a direct breach of Section 22.10 of the BPA CoP and further invalidates MET's claim.
4. No Obligation to Identify the Driver
As the keeper of the vehicle, I am under no legal obligation to identify the driver, especially since PoFA does not apply on this land. MET Parking Services cannot demand driver details from me, and their attempt to hold me liable as the keeper is illegitimate. I reiterate that I have declined to name the driver, as I am not required to do so by any law.
5. Conclusion
Given the clear breach of the BPA Code of Practice and the fact that PoFA does not apply on land governed by bylaws, I respectfully request that this appeal be upheld, and the PCN be cancelled. MET Parking Services has no legal right to pursue keeper liability in this case, and their claim should be dismissed.
Additional Evidence
Gatwick Airport Boundary Map from Gatwick Masterplan 2019. Area outlined in blue is area shown in Google Maps of the location below:
(https://i.imgur.com/GXAACJX.jpeg)
See page 152 https://www.gatwickairport.com/on/demandware.static/-/Sites-Gatwick-Library/default/dw5fa1fcde/images/Corporate-PDFs/Masterplan/Gatwick_Airport_Masterplan_2019.pdf
Google Maps location showing KFC Gatwick Airport:
(https://i.imgur.com/svX4m3Z.jpeg)