Manchester Airport's £100 late payment charge for drivers who forget to pay for barrierless parking may not be legally enforceable, according to renowned lawyer Nick Freeman, known as Mr Loophole. The airport introduced barrierless parking last year, requiring motorists to pay a minimum £5.50 online by midnight the following day. Those who fail to pay on time face a £100 charge, reduced to £60 if paid within 14 days. The system has drawn criticism in Parliament as 'unfair,' especially for those who park for just a few minutes.
Legal Challenge Over 'Relevant Land'
Freeman argues that Manchester Airport's land is governed by bylaws, making it unlikely to be classified as 'relevant land' under the Protection of Freedoms Act 2012. This Act allows parking operators to recover charges from the registered keeper rather than the driver, but only if the land qualifies. Since the airport's land may not meet this definition, operators cannot pursue the registered keeper unless they identify the driver. Freeman stated: 'There is no legal obligation for the keeper to divulge this information, and this therefore causes huge practical problems for the operator.'
Signage and Contract Formation
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). If signage is inadequate or fails to comply with the British Parking Association's Code of Practice, drivers may have grounds to challenge the charges. However, he noted that this is fact-dependent. Manchester Airport argues that terms are displayed before drivers enter the chargeable zone, and entry constitutes acceptance.
Financial Impact and Revenue
The airport generated an estimated £189 million from parking in the last year, up £20 million from the previous year. Enforcement is contracted to APCOA, whose latest accounts show a gross profit of £34 million in 2024, up from £27 million in 2023. The airport declined to comment, referring inquiries to APCOA, which has been approached for comment. Airport officials indicated that enforcement charges collected by APCOA are paid directly to Manchester Airport.
Freeman's Criticism
Freeman called the £100 charge 'disproportionately high' and questioned when authorities will stop 'financially abusing the hard pressed law abiding motorist.' He added that the strongest legal argument is that the land is probably not 'relevant land,' and the airport is unlikely to challenge this due to potential publicity. If the point is legally established, enforcing PCNs would become impossible without legislative change. However, the point becomes redundant once the keeper identifies the driver.
