DO NOT identify the driver. There is no legal obligation on the
unknown (to them) driver to identify the
known Keeper.
The reservoir is subject to reservoir safety legislation, including the Reservoirs Act 1975, which imposes duties on the undertaker regarding inspection, maintenance, and emergency planning. While the leisure and parking operations are run by Salomons UK Ltd, a private company, the underlying land remains part of a statutory utility asset. Because the land is governed by a specific statutory Act and is part of a statutory water undertaking, it is not “relevant land” under Schedule 4 of the Protection of Freedoms Act 2012. This means that keeper liability for private parking charges cannot be enforced under PoFA at this location.
See the linked thread above for how to word the appeal. Note the hook: PoFA Sch 4, para 3(1)(c) excludes land “on which the parking... is subject to statutory control.” If there are byelaws or other statutory controls in force at Bewl Water, PoFA keeper liability is unavailable.
The Medway Water (Bewl Bridge Reservoir) Act 1968 is the local Act that established and governs the Bewl scheme and authorised land acquisition/works. It evidences that the reservoir forms part of a statutory water undertaking, i.e., land under statutory control. Read together with the Reservoirs Act 1975 regime (which imposes statutory duties on the undertaker for inspection, maintenance and emergency planning) this places activities at Bewl within a statutory framework. Under PoFA 2012 Sch 4, land where parking is “subject to statutory control” is excluded from “relevant land,” so keeper liability cannot arise there.