Why airport drop-off zones are not 'relevant land' under POFA
The single most powerful argument in an airport parking appeal is one that many drivers never use, because they've never heard of it: the concept of "relevant land" under the Protection of Freedoms Act 2012.
Understanding this argument — and why it almost always succeeds — takes about five minutes. Here's everything you need to know.
What is "relevant land"?
Schedule 4 of POFA — the provision that allows parking operators to pursue a registered keeper rather than just the driver — only applies to "relevant land". The Act defines relevant land as land on which vehicles may be parked, with a critical exclusion: land on which parking is subject to statutory control.
Statutory control means the land is regulated by legislation — Airport Byelaws, specific Acts of Parliament, or other public regulatory frameworks — rather than purely by private contract law.
Why airports fall outside "relevant land"
Major UK airports operate under statutory frameworks. Heathrow, Gatwick, Stansted, and Luton all have Airport Byelaws in place — legal instruments made under the Airports Act 1986 — that govern conduct on airport land, including vehicle movements and parking.
Because this land is subject to statutory control, it is excluded from the definition of "relevant land" in POFA. Schedule 4 simply does not apply. Operators like APCOA (which manages Heathrow's drop-off zones) and NCP (which operates at Gatwick) cannot use POFA to transfer liability to the registered keeper.
What this means for your appeal
If you are the registered keeper of the vehicle but were not the driver, the operator has no lawful basis to pursue you. They cannot establish keeper liability under POFA, because the Act does not apply to the land in question.
Even if you were the driver, this argument is still relevant — because it demonstrates that the operator's Notice to Keeper was issued without a valid legal foundation, which undermines the legitimacy of the entire charge.
Why operators keep issuing notices
Parking operators are well aware of this legal position. APCOA, NCP, and others have faced it repeatedly at POPLA and in court. They continue to issue notices regardless, for a simple reason: most people pay without questioning. When the majority of recipients simply settle the charge, the minority who successfully appeal represent an acceptable operational loss.
Once you appeal — citing the relevant land exclusion — the operator's enforcement position becomes very difficult to sustain. At POPLA, adjudicators are familiar with this argument and apply it correctly.
Airports covered by this argument
- Heathrow Airport — operated under statutory control; APCOA cannot use POFA Schedule 4
- Gatwick Airport — operated under statutory control; NCP cannot use POFA Schedule 4
- Stansted Airport — operated under statutory control; the relevant exclusion applies
- Luton Airport — operated under statutory control; the relevant exclusion applies
The same principle applies to most other major UK airports, including Manchester, Birmingham, and Edinburgh.