Under the Protection of Freedoms Act these penalty charges are enforceable against the registered keeper not the driver.
It is not a fine, it is a contractual charge for stopping.
Beavis was over whether the fee of £85 was reasonable and it was found to be by the judges. I disagree but the court makes the law.
However that was over a charge for parking, and as far as I’m aware, these charges which a few airports have now put in place of £85 for stopping (as opposed to parking) has not yet been tested in court. I imagine it is only a matter of time.
Your wife can defend this on the basis that there is not sufficient signage and it’s not clear enough so that anyone who is driving would not know that there was a charge for stopping unless they actually stopped to read the sign!
I am familiar with the signage at Liverpool airport although I haven’t seen it for almost 12 months and it may have changed.
If you defend the charge, these rarely go to court because even if they are successful, the time and effort involved outweighs the charge. I had one client who sent a cheque for £5 in full and final settlement, telling them that if they cashed it, they accepted it as such and if not, they should return it and he would defend the action. They cashed the cheque and he never heard another thing. I had another client also at Liverpool airport who sent £10 in the same way and they returned it. She is going to court to defend it on the basis that there is not enough signage for her to know that by stopping he was agreeing to pay the charge
Sending a cheque works nine times out of 10.
Your wife is going to need photographs of the signage
Can I clarify anything else for you?
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