For example:
The operator asserts that the parking charge was issued under Schedule 4 of the Protection of Freedoms Act (PoFA), but has made no attempt to refute my evidence demonstrating that the site in question is not "relevant land" for the purposes of PoFA.
As part of my appeal I attached a copy of the Forestry Commission Byelaws 1982, made under section 46 of the Forestry Act 1967. These byelaws confirm that the land in question is subject to statutory control, and is therefore not relevant land. Accordingly, the charge cannot be pursued against me as the registered keeper and the appeal should be upheld.
The operator asserts that they have authority to manage parking on the site, and that they hold a valid contract with the landowner, but have failed to prove this to the civil standard required at POPLA. I assert that if they held a valid contract to enforce parking on this site, they would have been able to provide a copy of this as part of their evidence pack. As they have not provided any evidence of a valid contract with the landowner, it must be assumed they do not hold one, and accordingly the appeal should be upheld.
If this is land owned/managed by Forestry England, it would seem to be land subject to the Forestry Commission Byelaws (https://www.forestryengland.uk/sites/default/files/documents/Forestry%20Commission_Byelaws.pdf). Some of those byelaws control parking on Forestry Commission land - this would mean it is not "relevant land" as defined by paragraph 3 of Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) (https://www.legislation.gov.uk/ukpga/2012/9/schedule/4):
3(1)In this Schedule “relevant land” means any land (including land above or below ground level) other than—
(a)a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);
(b)a parking place which is provided or controlled by a traffic authority;
(c)any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.
As a result of this, they cannot rely on PoFA to recover the charges from you as the registered keeper of the vehicle, despite the letter's claims to the contrary (we can deal with that later). As a result, assuming you are the keeper, you can appeal along the lines of the below, as the keeper only:
Dear Sirs,
I have received your Parking Charge Notice (Ref: ______) for vehicle registration mark _______, in which you allege that the driver has incurred a parking charge. I am appealing as the registered keeper of the vehicle. There is no obligation for me to name the driver and I will not be doing so. The car park at Leigh Woods forms part of land under the management and control of Forestry England. As such, parking on the site is subject to the Forestry Commission Byelaws 1982, meaning it is not "relevant land" for the purposes of Schedule 4 of the Protection of Freedoms Act. Accordingly, you are unable to recover the charges from me as the registered keeper.
I am therefore unable to help you further with this matter, and look forward to your confirmation that the charge has been cancelled. If you choose to decline this appeal, you must issue a POPLA code.
Yours,
If appealing online, be careful there are no drop down/tick boxes that cause you to identify who was driving, and keep a close eye on your spam folder for their response. If they do not respond within 28 days, chase them.