Bristol Airport fines 'could be unenforceable'
£100 parking fines issued to those picking people up outside Bristol Airport could be unenforceable, a solicitor has said. But the airport maintains that its current system is in line with "the relevant legislation".
The current rules say that anyone who stops their vehicle outside of a designated waiting zone or car park will face an enforcement charge of £100. This is reduced to £60 if it is paid within 14 days.
This system has previously been called into question, including by Christian, a man who was driving to Bristol Airport to pick up his mother-in-law in February. He says he was fined despite having been stopped at a red light when his wife got out of the car to go and use the toilet.
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It has now been reported that the airport's parking contractor VCS may not be able to enforce these charges. Speaking to The Guardian, former local government officer Steve Williamson, said he had read up on on adopted bylaws under the Airports Act 1986 after his wife received a similar fine at Humberside Airport a few years ago.
He said: "I I am not a lawyer but it was clear from reading the legislation that the power to impose charges for non-compliance was through the courts for breach of bylaws, and not through a contract parking charge between the customer and the airport authority’s agent."
The Guardian reports that Bristol Airport has similar bylaws in place and that consumer lawyer Gary Rycroft, a partner at Lancaster-based Joseph A Jones & Co Solicitors agreed with Steve's interpretation.
He said: "The legal rule under common law is that bylaws are only enforceable through fines and prosecution in the magistrates court.
"My view is that private parking invoices issued by VCS on behalf of Bristol airport are at odds with, and indeed in direct conflict with, the prosecution and enforcement regime set out in the Airports Act 1986, and for that reason I do not believe they are enforceable."
Bristol Airport insists that its contract with the parking operator is "legitimate" and that it is "confident" that it operates in accordance with "the relevant legislation".
A spokesperson said: "The airport has a legitimate confidential contract with the operator to manage the safety and operation of our roadways and car parks. We are confident that the contract operates in accordance with the agreement and the relevant legislation."
The Guardian has been unable to find a map showing the roads/area governed by the bylaws.