Why keeper liability is the most important issue
Keeper liability is the legal route by which a parking operator can pursue the registered keeper of a vehicle for a charge that the driver may have incurred. In practice, operators prefer to pursue the keeper because it is often easier and cheaper than identifying and suing the driver.
Why it matters more than other arguments
If keeper liability applies, the operator can send a Notice to Keeper and make a direct claim against the person listed as the vehicle's registered keeper. If keeper liability does not apply, the operator can only make a contractual claim against whoever was driving, which is harder to prove and easier to defend.
Because of this difference, many appeals succeed simply by showing that the conditions required for keeper liability are not met. That is why a short, well-phrased appeal pointing out the lack of keeper liability is often the most effective first step.
How keeper liability can be defeated
- Relevant land test: Schedule 4 to the Protection of Freedoms Act 2012 (POFA) limits keeper liability to "relevant land". Airport land subject to statutory control is frequently excluded, meaning operators cannot transfer liability to the keeper for drop-off charges.
- Timely notice: Where keeper liability is possible, operators must serve a Notice to Keeper within the correct time limits. If those timescales are not met, keeper liability can fail.
- Operator status: Who issued the notice matters. If the company is not entitled to enforce byelaws or is a contractor without proper standing, keeper liability may be challenged.
What to include in your appeal
When using the appeal template on the airport page, briefly state that you deny keeper liability where appropriate. Ask for proof that the land is "relevant land" under POFA, and request dates showing compliance with the notice requirements. Keep the statement short and direct; the appeal template on the airport page already contains the core language to make this point.
If you want a stronger escalation, request the ANPR photographs and any contractual terms relied on by the operator. These pieces of evidence often show that the operator cannot lawfully transfer liability to the keeper.
Next steps
Start with the airport-specific appeal template on the relevant airport page, then use this guide for a short explanation of why keeper liability matters. If your first-stage appeal is rejected, use the POPLA or IAS route where available. See our POPLA guide for escalation steps.
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