Two drivers who each stopped for 18 seconds in airport red zones were issued £100 parking charge notices (PCNs), but both had the charges refunded after contacting the airports directly, revealing a legal loophole that exempts airport land from standard private parking enforcement.
Wasp Encounter Leads to Fine
AW of Hebden Bridge stopped for 18 seconds in a red zone at Leeds Bradford airport to deal with a wasp buzzing in front of his face, which he said made safe driving impossible. The resulting PCN was sent to his wife, the registered keeper, by Vehicle Control Services (VCS).
Despite explaining the circumstances to VCS, whose CCTV footage showed he only stopped for seconds and never left the car, the company rejected his appeal. However, when AW contacted the airport directly, it ordered VCS to refund the charge as "goodwill."
The airport warned that "stopping in this area remains enforceable," adding: "Due to the safety-critical nature of the road, we would not be able to consider cancellation of any future penalty notices for stopping in this area." VCS did not respond to a request for comment.
Second Case at Bristol Airport
In a similar case, SM of Pontyclun in Wales also stopped for 18 seconds in an airport red zone, this time at Bristol airport, to read terms and conditions on a sign planted in the no-stopping area. She was billed £100 by VCS via her husband, the registered keeper.
SM had prepaid £103.60 for three days in the short-stay car park. At the entrance, a prominent sign stated that payment was on exit and included several lines of information. Confused, she wanted to make sure she was at the right place. The sign contained 24 lines of information in varying font sizes.
Her appeal was rejected by VCS, which argued that "the motorist's responsibility to ensure they are familiar with the terms and conditions displayed on the signage" — ironic given SM was doing just that. The Independent Appeals Service also rejected her appeal, concluding that red-route restrictions prohibit stopping under any circumstances.
Legal Loophole on Statutory Land
Neither AW nor SM were obliged to pay the charge because of a loophole in the law. Airports are "statutory land" governed by bylaws and are not subject to the Protection of Freedoms Act 2012, which governs private parking enforcement in England and Wales.
The act allows private parking operators to pursue the registered keeper of a vehicle for charges. There is no such keeper liability on statutory land, so if the keeper declines to confirm who was driving, the parking operator is powerless.
The clue is in the small print of PCNs sent to the spouses of AW and SM, which "invite" them to pay up or name the driver. Anyone else in this situation should reply stating that as an airport is statutory land, they are not liable as the vehicle keeper and not obliged to name the driver.
Bristol airport said: "The customer did not contact us to make us aware of the situation and that she had pre-booked parking. After the circumstances were reviewed, the penalty charge was refunded by the enforcement company." VCS was contacted for comment.
Future Get-Out Clause
Motorists penalised for reasonable stops on land that does fall under the act may have a future get-out clause. The government's newly announced crackdown on private parking charges means that when the new official code of practice takes effect, charges will be cancelled on appeal for things such as stopping briefly because of a medical emergency.
