10-19-2026, 11:37 AM
@Tortfeasor, you’re right about airports, but the point is wider than that. Railway land used to be another common example, although PoFA was amended from December 2025 so that land subject to the Railway Byelaws can now fall within the definition of “relevant land”.
There are still plenty of other locations where the same issue can arise: ports and harbours, country parks, reservoirs and other land where parking is controlled by statutory provisions or local byelaws. The important thing is not to assume that because a PPC has issued a PoFA-style NtK the land must automatically qualify as “relevant land”. Where statutory control applies, that needs checking first.
That is really what caught Horizon out here. They treated PoFA as though putting the standard keeper-liability wording on the NtK was enough, without first establishing that the land was even within Schedule 4 in the first place. That, and the fact they are greedy bar stewards and the IQ of their employees is probably well below average.
However, the gullible tree is still heavy with fruit that is ripe for the picking.
There are still plenty of other locations where the same issue can arise: ports and harbours, country parks, reservoirs and other land where parking is controlled by statutory provisions or local byelaws. The important thing is not to assume that because a PPC has issued a PoFA-style NtK the land must automatically qualify as “relevant land”. Where statutory control applies, that needs checking first.
That is really what caught Horizon out here. They treated PoFA as though putting the standard keeper-liability wording on the NtK was enough, without first establishing that the land was even within Schedule 4 in the first place. That, and the fact they are greedy bar stewards and the IQ of their employees is probably well below average.
However, the gullible tree is still heavy with fruit that is ripe for the picking.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
