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F E Smith
F E Smith, Solicitor
Category: UK Law
Satisfied Customers: 8718
Experience:  30 years in General Practice
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I stopped seconds on a road leading from Liverpool airport.I

Customer Question

I stopped for 4 seconds on a road leading from Liverpool airport.I was issued with a PCN. Surely this cannot be regarded as a parking issue & the Beavis case which they quote does not stand.
JA: Can you tell me what state this is in? And do you know who owns the lot?
Customer: Sorry I thought this was a UK site
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: They sent the charge to my wife who is the registered keeper
Submitted: 6 months ago.
Category: UK Law
Expert:  F E Smith replied 6 months ago.

Are you the registered keeper of the vehicle?

Were you able to read the sign which said there was a charge of you stop?

Did you stop because of traffic or to let someone out?

Customer: replied 6 months ago.
I am not the registered keeper..The PCN was sent to my wife who is the registered keeper.
I stopped to pick up my wife who was walking along the pavement
Expert:  F E Smith replied 6 months ago.

Were you able to read the sign which said there was a charge of you stop?

Were you able to read the sign which said there was a charge of you stop?

Expert:  F E Smith replied 6 months ago.

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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Best wishes.

FES.