What is POFA and why does it matter for parking appeals?

From the AppealAirportPCN team • LAST UPDATED: OCTOBER 2026

POFA is short for the Protection of Freedoms Act 2012. It often comes up when someone challenges an airport Parking Charge Notice (PCN). Here is what it means.

What POFA does

Before POFA, a private parking company generally had to claim against the driver. If it could not identify the driver, it could not use a special rule to make the keeper responsible.

Schedule 4 of POFA changed that. It can let a company transfer a parking charge to the registered keeper, even if it does not know who was driving. But the company must meet the Act's conditions, and Schedule 4 only applies on certain land.

The "relevant land" rule

Schedule 4 only applies to "relevant land". In general, this means land where vehicles may be parked, but the Act excludes land where parking is subject to statutory control. Airport byelaws are one example of rules that may be relevant to this question.

Major UK airports have byelaws or other statutory controls. This includes Heathrow, Gatwick, Stansted, Luton, Manchester and Birmingham. The land and the circumstances still matter, but where the relevant-land exclusion applies, the operator cannot use Schedule 4 to transfer liability to the keeper.

In plain English: If Schedule 4 does not apply to the land, the company cannot use POFA to make the keeper pay. It would generally need to prove who was driving to bring a claim against that person. See our guide to airport land and relevant land.

Why companies still send notices

Parking companies may still send a Notice to Keeper. Receiving one does not automatically mean the keeper is liable. Read the notice and check the legal basis the company is relying on.

What POFA requires on other land

On land where Schedule 4 applies, the company must follow the Act's rules. For example, it must:

  • Give or send the notice within the correct deadline. The deadline depends on how the notice is issued.
  • Include the information required by the Act.
  • Follow each relevant time limit and procedural step.

If the company misses a requirement, it may not be able to transfer liability to the keeper under POFA. Read the keeper liability guide for more detail.

Using POFA in your appeal

Our airport appeal templates include the relevant-land point where appropriate. Choose your airport, check your notice and send your appeal before its deadline. You can also read how to appeal to POPLA if the operator rejects your first appeal.

Disclaimer: This article is for information only and does not constitute legal advice. For complex cases, consult a solicitor or Citizens Advice.

Sources

  1. Protection of Freedoms Act 2012, Schedule 4, paragraph 3 (relevant land and the statutory-control test). Primary. Legislation.gov.uk
  2. Protection of Freedoms Act 2012, Schedule 4, paragraph 9 (Notice to Keeper requirements, 14-day period and 28-day warning). Primary. Legislation.gov.uk
  3. Airports Act 1986, section 63 (airport byelaws, including restricting or regulating parking). Primary. Legislation.gov.uk
  4. The Protection of Freedoms Act 2012 (Definition of Relevant Land) (Amendment) Order 2025 (railway byelaws brought into "relevant land"). Primary. Legislation.gov.uk