I dropped a family member off at the airport last week and received a Parking Charge Notice for stopping on double red lines, which I paid.
This was for £100, or £60 if paid quickly, and came from a private parking firm.
However, I later received another penalty from the local authority for the same incident, this time for £60 or £35 if paid quickly. Is this allowed?
D.C., East Yorkshire.
Dean Dunham replies: This seems to be a problem that is becoming very common at UK airports, where both private parking firms and local authorities are enforcing different parts of the same patch of Tarmac.
It is important to first understand the difference between the two notices you received.
The first notice is a private Parking Charge Notice or PCN – not a criminal fine or an official penalty. These are issued under contract law, not road traffic law.
The private firm claims you entered their land or land they are contracted to look after, saw the warning signs, and therefore ‘agreed’ to their terms, including no stopping on double red lines.
You must be aware of restrictions when parking at an airport
The second notice, from the local authority, is a Penalty Charge Notice issued under road traffic laws and regulations. This is a statutory fine and carries far more legal weight.
In theory, you shouldn’t be punished twice for the same offence, but the catch is that these two entities are enforcing different rules.
The local authority’s notice relates to a public highway or council-enforced red route, while the private one covers land leased or managed by the airport or its parking contractor.
With this in mind, you need to look closely at the two notices to see if they are indeed relating to the same issue. You will probably find they are not.
If they are, you should write to the local authority explaining that you’ve already paid a private charge for the same incident, and ask it to explain why it claims the area where the alleged contravention took place is a public highway.
I bought a 1950s wooden chest of drawers from a local vintage furniture shop for £350. Last week, the front panel fell off. I went back to the shop, but the owner said as the item was vintage and they didn’t manufacture it, they wouldn’t refund me.
Turning to the store’s excuse that ‘we didn’t make it’ – your contract is with the retailer, not the original manufacturer, so it’s their legal responsibility to put things right. You should go back to them in writing and state that under the CRA 2015, the item is not of satisfactory quality and you’re seeking a remedy (which will depend on when you purchased).
Give them 14 days to respond. If they refuse, contact local Trading Standards or raise it through the small claims court.
Alternatively, if you paid by debit or with credit card within the last 120 days, you can raise a chargeback claim or if it was more than 120 days and you paid by credit card you can make a section 75 claim – but in either case, remember to tell the card provider that you are claiming your money back because there has been a ‘breach of contract’ on the part of the retailer.
