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I am allowing this appeal, with my reasoning outlined below: In terms of POPLA appeals, the burden of proof rests with the operator to provide clear evidence of the contravention it alleges occurred, and consequently, that it issued the PCN correctly. The crux of the appellants appeal is that the operator has no keeper liability as the land is not relevant land under Schedule 4 of the Protection of Freedoms Act (POFA) 2012. They explain that the land 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. They are the registered keeper and was not the driver at the time and the driver has not been identified. In this instance, the operator has failed to rebut the appellants grounds of appeal or provide any evidence to demonstrate that the car park is not covered by the Forestry Act 1967 and not cover by byelaws. As such, the operator cannot hold the appellant responsible as the registered keeper using POFA. Accordingly, I must allow this appeal. The appellant has raised other grounds in their appeal, but as I am allowing the appeal, it is not necessary for me to address these.
