ParkingBear Was Right All Along: Questions Raised Over Manchester Airport’s £100 Parking Charges

Well, well, well.

When ParkingBear began explaining that Manchester Airport parking charges were not always as straightforward or enforceable as the letters made them appear, some people might have thought we were being a little grizzly.

Now, one of the country’s best-known motoring lawyers has raised the very same issue.

As reported by the Manchester Evening News, motoring lawyer Nick Freeman has questioned whether Manchester Airport’s £100 parking charges can be enforced against registered keepers in the way many motorists assume.

In other words: the bear may have been right all along.

What is the problem with Manchester Airport parking charges?

Manchester Airport operates barrierless parking and drop-off areas using automatic number plate recognition cameras.

Drivers must remember to visit a website and pay after using certain areas. There is no barrier at which they can simply pay before leaving.

When payment is not made by the deadline, the airport warns that a £100 Parking Charge Notice may be issued, reduced to £60 if paid within 14 days.

That is an enormous escalation from a relatively small parking or drop-off fee, particularly when many motorists have not deliberately avoided payment but have simply forgotten to complete an unfamiliar online process.

Why Manchester Airport’s byelaws matter

Most private parking companies rely on Schedule 4 of the Protection of Freedoms Act 2012, commonly known as PoFA.

When all of its requirements are met, PoFA can allow a parking operator to pursue the registered keeper of a vehicle when it does not know who was driving.

There is, however, an important limitation.

Keeper liability generally applies only when the incident occurred on what the legislation calls “relevant land.”

Land subject to statutory control, including land governed by airport byelaws, is generally excluded from that definition.

Manchester Airport has its own byelaws. This means the parking operator may be unable to use PoFA to transfer an unidentified driver’s alleged liability automatically to the registered keeper.

The registered keeper and the driver are not necessarily the same person.

A leading motoring lawyer has now raised the same argument

Speaking to the Manchester Evening News, motoring lawyer Nick Freeman explained that the starting position for a private parking charge is that the driver is liable.

He said that Manchester Airport’s byelaws make it unlikely that the land qualifies as relevant land under PoFA.

Consequently, when the driver has not been identified, the operator may face serious difficulty pursuing the registered keeper instead.

That is exactly the issue ParkingBear has been highlighting.

Does this mean every Manchester Airport parking notice is automatically invalid?

No.

It is important not to turn a potentially strong legal argument into an exaggerated promise.

The circumstances of each notice matter. Relevant questions can include:

• Where the vehicle was recorded.
• Whether that location is covered by the airport byelaws.
• Whether the recipient has been identified as the driver.
• What the parking operator has stated in its notice.
• Whether the operator is attempting to rely upon PoFA.
• Whether all relevant deadlines have been met.
• Whether there are other grounds for appeal.

The argument is not simply that Manchester Airport cannot impose parking conditions.

The key question is whether a private parking operator can hold the registered keeper liable for an alleged charge when the operator does not know who was driving and the event occurred on land that is not “relevant land” for PoFA purposes.

That distinction matters.

You do not necessarily have to accept the demand at face value

Parking Charge Notices are designed to look formal and urgent.

They often include strict payment deadlines, prominent warnings and a discounted amount for paying quickly. Understandably, this can make recipients feel that paying immediately is their only realistic option.

But a private Parking Charge Notice is not automatically the same thing as a council-issued penalty.

Before paying, motorists should check:

1. Who issued the notice.
2. Where the incident allegedly occurred.
3. Whether the notice is addressed to the driver or merely the registered keeper.
4. Whether the operator is claiming keeper liability under PoFA.
5. Whether airport byelaws apply to the location.
6. Whether the notice meets the legal and procedural requirements.

Paying the charge will normally bring the matter to an end, but it may also remove the opportunity to appeal it.

This is why ParkingBear exists

ParkingBear was created because ordinary motorists should not need to understand pages of parking legislation, airport byelaws and appeal procedures merely because they forgot to pay a small airport charge online.

Our service helps motorists prepare a clear, personalised appeal using the information contained in their notice.

We do not encourage people to ignore correspondence, invent a story or provide false information.

We help motorists identify the legitimate appeal points that may apply to their case and present those points clearly.

Received a Manchester Airport parking charge?

Do not panic, but do not ignore it either.

Check the deadline shown on your notice and consider your appeal options before making a payment.

ParkingBear can help you create a personalised Manchester Airport parking appeal letter based on your circumstances.

This article provides general information and is not legal advice. The outcome of any appeal depends on its individual facts. ParkingBear cannot guarantee that every notice will be cancelled.