legalUK · England & WalesDifficulty: hard
UK Air Quality Zones — POFA Schedule 4 Inapplicable to Public Charging
Public-authority CAZ/LEZ/ULEZ PCNs are NOT enforced under POFA 2012 Schedule 4 (which is only for private-land parking). Where a council/TfL letter purports to use POFA-style keeper liability language, this can suggest procedural confusion and challenge potential.
Legal basis
Protection of Freedoms Act 2012 Schedule 4 (private land only); Transport Act 2000; Greater London LEZ Charging Order
How to identify this in your case
Council/TfL paperwork uses POFA-style keeper-liability wording or threats based on Schedule 4.
Sample appeal wording
To: [Authority] CAZ/ULEZ/LEZ Team Re: PCN [PCN_NUMBER] Your communications reference the Protection of Freedoms Act 2012 Schedule 4 framework. POFA Schedule 4 applies only to private-land parking and CANNOT be the basis for a public-authority CAZ/ULEZ/LEZ charge. The correct statutory basis for your enforcement is the [Transport Act 2000 / Transport (Scotland) Act 2019 / Greater London LEZ Charging Order]. The procedural confusion in your correspondence raises serious questions about whether the PCN was lawfully issued. I require clarification of statutory basis or cancellation. Yours faithfully, [Keeper Name]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- POFA 2012 Sch 4
- Transport Act 2000
- Greater London LEZ Charging Order