Email sent via the IAS email system as the IAS website was glitching and kept me in a draft setting, not allowing me to send a final submission.
Email was as follows;
Appeal Capacity: Registered Keeper Grounds of Appeal:
I am the Registered Keeper of the vehicle in question. I was not the driver at the time of the alleged contravention, and I decline the invitation to name the driver.
Vehicle Control Services Ltd (VCS) has failed to invoke, and cannot invoke keeper liability under Schedule 4 of the Protection of Freedoms Act 2012 (POFA). The notice to keeper completely omits the mandatory POFA statutory wording required to transfer liability to the keeper. The alleged incident took place at Delft Way, Norwich Airport. Airport land is subject to statutory control and airport bylaws. Therefore, it does not meet the definition of "relevant land" under Section 3(1)(c) of POFA 2012.
Because the land is not "relevant land," the operator has no legal mechanism to transfer liability from the driver to the registered keeper. As I was not the driver, and POFA does not apply, I am not liable for this charge.
Furthermore, I draw the assessor's attention to the High Court authority of VCS v Operations Manager (Milton Keynes), which confirmed that where bylaws apply, POFA keeper liability cannot be used.
As VCS has no legal right to pursue me, the registered keeper, I request that this parking charge notice be cancelled immediately.
