Free Traffic Legal Advice

• Made by South Cambridgeshire District Council;
• Confirmed by the Secretary of State on 5 April 1994;
• Came into operation on 2 May 1994.

•The byelaws prohibit or regulate the use of vehicles within the park, subject to exceptions such as spaces set aside by the Council (see section 6).
• Any parking enforcement regime operated within Milton Country Park must be consistent with these statutory byelaws.
•As a result, Milton Country Park is not “relevant land” under Schedule 4 of the Protection of Freedoms Act 2012, meaning:

Besides the fact that ParkingEye failed to include the copies of the required documents, the above is the reason they have not issued an NtH that invokes PoFA. If a private parking company attempts to invoke PoFA to pursue the Keeper/Hirer, or fails to account for the statutory control status of the land, such enforcement would be legally defective.

So, I would adapt that appeal slightly as follows:

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 note from your correspondence that you are not seeking to hold me liable as the keeper of the vehicle under Schedule 4 of the Protection of Freedoms Act 2012 ("the Act").

There is no obligation for me to name the driver and I will not be doing so.

For the avoidance of doubt, even if you had attempted to rely on Schedule 4 of the Act, you would have failed to establish liability, as the location in question—Milton Country Park—is subject to statutory control by byelaws. As such, the land is not “relevant land” within the meaning of the Act, and the provisions of Schedule 4 do not apply.

I am therefore unable to assist you further with this matter, and I 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 faithfully,
[Your Name]