Keeper liability is the first thing to understand when you get an airport Parking Charge Notice (PCN). It is often one of the strongest points in an appeal.
What is keeper liability?
Keeper liability is a rule that can let a parking company claim payment from the registered keeper of a car. The keeper is the person recorded by the DVLA. They may not be the person who was driving.
This rule can make it easier for a company to pursue a charge without first identifying the driver. The conditions for using it are set out in Schedule 4 of POFA.
Why it matters so much
If keeper liability applies, the company may be able to send a Notice to Keeper and seek payment from the keeper. If it does not apply, the company generally has to prove who was driving before it can pursue a contractual claim against them.
Airport land subject to statutory control is generally not "relevant land" under POFA. That can prevent a parking company from transferring liability to the keeper under Schedule 4. Read more about why airport land may not be relevant land.
How keeper liability can fail
There are three common issues to check:
- The land is not "relevant land". POFA only covers relevant land. Airport land subject to statutory control may be excluded. This is often a key point in an airport appeal. Read the guide to relevant land.
- The notice arrived too late. Where POFA applies, a Notice to Keeper must meet strict delivery deadlines. If the operator misses them, keeper liability may not apply.
- The company may lack authority. Check whether the company has the right to offer parking terms or enforce the charge. Its authority to enforce airport byelaws is a separate question.
What to put in your appeal
Say that you are the registered keeper and do not identify the driver. Explain that the land is not relevant land under POFA, if that applies to your airport. Keep it short. Our airport appeal templates already include this point.
You can also ask for the ANPR photographs and the terms the company relies on. These may help you check the vehicle's recorded times, location and the notice details.
Next steps
- Pick your airport and copy the template.
- Send your appeal before the deadline on the notice.
- If the company rejects it, check the rejection letter for details of an independent appeal. See our guide to POPLA.
Sources
- Protection of Freedoms Act 2012, Schedule 4, paragraph 3 (definition of relevant land). Primary. Legislation.gov.uk
- Protection of Freedoms Act 2012, Schedule 4, paragraph 9 (Notice to Keeper requirements and the "relevant period" of 14 days in paragraph 9(5)). Primary. Legislation.gov.uk