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Private parking tickets / Re: Group Nexus / Forestry England - Unpaid parking - Leigh Woods
« on: Yesterday at 07:55:03 pm »
Thank you. I hope you'll forgive me but I have taken to AI to help me understand 'relevant land' and 'statutory control' etc but think I've got the grasp of it and why Schedule 4 of PoFA doesn't apply here. It's also helped draft an appeal. I have tweaked bits so would appreciate your thoughts on it. Thanks again:
Quote
Ground of appeal: The operator has no keeper liability as the land is not “relevant land” under Schedule 4 of the Protection of Freedoms Act 2012.
I am the registered keeper of the vehicle. I was not the driver and the driver has not been identified.
The operator asserts that it is pursuing the registered keeper under Schedule 4 of the Protection of Freedoms Act 2012 (“PoFA”). This is incorrect as the location in question is not “relevant land” for the purposes of PoFA.
The site forms part of Leigh Woods, which is land managed by Forestry England on behalf of the Forestry Commission.
Parking on this land is governed by the Forestry Commission Byelaws 1982, made under section 46 of the Forestry Act 1967. These byelaws are statutory in nature and regulate conduct on the land, including the payment of charges and penalties for non-compliance.
As such, parking on this land is “subject to statutory control”.
Paragraph 3 of Schedule 4 PoFA defines “relevant land” and expressly excludes:
“any land on which the parking of a vehicle is subject to statutory control.”
Because Forestry Commission byelaws apply, this land is excluded from the definition of relevant land.
Keeper liability therefore cannot arise.
As the keeper, I am under no legal obligation to name the driver and have not done so.
In the absence of relevant land, and driver identification, the operator has no lawful basis to pursue the registered keeper.
Conclusion
As the land is subject to statutory control and is not relevant land under Schedule 4 PoFA, keeper liability does not apply. The appeal must therefore be allowed and the Parking Charge Notice cancelled.