Controversial £100 charges for forgetting to pay for Manchester Airport's barrierless parking may not be legally enforceable, according to renowned lawyer Nick Freeman, known as Mr Loophole. The airport's system requires drivers to pay a minimum £5.50 online by midnight the following day, but many forget and face a £100 late payment charge, reduced to £60 if paid within 14 days.
Legal Challenge to Parking Charges
Mr Freeman argues that Manchester Airport is not 'relevant land' under the Protection of Freedoms Act 2012, which allows parking operators to recover charges from the registered keeper if the driver is not identified. Since the airport is governed by bylaws, he contends that the land is unlikely to be deemed 'relevant land', meaning the operator cannot pursue the registered keeper unless the driver is identified. He emphasized that there is no legal obligation for the keeper to disclose the driver's identity.
Mr Freeman stated: 'In England and Wales, the starting point is that only the driver is liable for a private parking charge (PCN). The registered keeper has no legal obligation to nominate the driver, unlike on public land. However, the Protection of Freedoms Act 2012 creates an important exception. If the private land is 'relevant land' and the parking operator fully complies with all the statutory requirements, the operator is entitled to recover the parking charge from the registered keeper when the driver remains unidentified.'
Signage and Contract Formation
Mr Freeman also highlighted that terms and conditions must be brought to the driver's attention before a contract is formed, citing the Court of Appeal case Thornton v Shoe Lane Parking (1971). He said: 'If the signage is inadequate, poorly positioned or fails to comply with the British Parking Association's Code of Practice, there may be a strong basis of challenge. However, this is fact-dependent and every case will turn on its own circumstances.'
He added: 'Manchester Airport will argue that the terms and tariff are displayed in advance before the motorists enter the chargeable zone and that entry itself constitutes an acceptance of those terms. So whilst a barrierless car park undoubtedly makes life easier and cheaper for Manchester Airport, it certainly doesn't mean that every parking charge is legally enforceable.'
Financial Impact and Criticism
The airport has faced criticism in Parliament over the 'unfair' system. The MEN previously reported that Manchester Airport could have generated an estimated £189 million from parking in the last year, up £20 million from the previous year. APCOA, the parking contractor, reported a gross profit of £34 million in 2024, up from £27 million in 2023. The airport refuses to disclose how much revenue is generated from the £100 late payment charges.
Mr Freeman described the charges as 'disproportionately high' and questioned: 'When will the time come when councils and the like stop financially abusing the hard pressed law abiding motorist?'
Responses from Airport and APCOA
Manchester Airport declined to comment, stating that enforcement is carried out by APCOA. Airport officials indicated that enforcement charges are paid directly to the airport. An APCOA spokesperson said: 'APCOA is a member of the British Parking Association Approved Operator Scheme where all its processes have been audited and approved.'
Mr Freeman concluded: 'The strongest argument in my view relates to the fact that the land is probably not 'relevant land' and this is unlikely to be challenged by the airport because of the attendant publicity if this point is definitively legally established. It would make enforcement of PCNs literally impossible without a legislative change. I should add that the point becomes redundant once the keeper identifies the driver.'
