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What Is Relevant Land Under PoFA?

Relevant land is one of the key phrases in Schedule 4 of the Protection of Freedoms Act 2012. It matters because keeper liability depends on where the parking event happened.

Parking Bear checking details

Relevant land in plain English

Private parking companies often send notices to the registered keeper because the keeper is easy to identify through DVLA records. PoFA can sometimes let an operator pursue the keeper when the driver has not been named. The operator still has to meet the statutory conditions.

One of those conditions is the land itself. PoFA keeper liability applies only on relevant land. If the location is excluded because it is subject to statutory control, the operator may struggle to transfer liability from the driver to the keeper.

Land that may fall outside PoFA

Land controlled by byelaws or another statutory regime may fall outside the relevant land definition. Airport land and railway land are common examples. This can change who the operator can pursue.

For airport PCNs, this point is often important because many airport roads, drop-off zones and car parks sit within a wider byelaws framework. The exact site still needs checking, especially where the operator uses broad wording rather than clear evidence about the land.

Why this matters for registered keepers

If the operator cannot rely on PoFA, it normally needs to show that the person it is pursuing was the driver. A notice addressed to the keeper does not prove who drove the vehicle. This is why keeper appeal wording needs care.

A registered keeper appeal should avoid casually naming the driver. It should ask the operator to explain the basis for keeper liability and to prove that PoFA applies to the site.

What to check on your notice

For airport Parking Charge Notices, relevant land is often one of the first points to check. ParkingBear uses this in registered keeper appeals where the facts suggest airport byelaws may affect keeper liability.