Are Heathrow's drop-off fines unlawful?

A barrister has avoided being fined for non-payment of Heathrow's £5 drop-off charge, after he questioned its legality.

The airport introduced the fee in November last year for passengers dropping off loved ones outside the terminal. Previously, Heathrow had been one of the last remaining UK airports that would let you stop right outside for free.

While many airports, such as Stansted, Luton and Manchester, ask for payment by swiping a card, Heathrow (and Gatwick) rely on you paying online or by phone.

But according to a leading barrister – and Which?’s own legal team – Heathrow's fines for forgetting to pay the charge may be unlawful.

Heathrow’s £80 fines for failure to pay parking fees

Edward Levey, a King’s Counsel at a London chambers, neglected to pay Heathrow’s new £5 fee when dropping off his daughter at the end of last year. It wasn’t until the following night that he realised he’d forgotten. This meant he was threatened with an £80 fine, reduced to £40 if he paid within 14 days.

While he admits that there were many signs at the airport warning of the drop-off charge, he believes that – because it’s difficult to pay in the moment – many people will forget as soon as they get home.

He attempted to appeal against the fine but parking firm APCOA, which runs the system for Heathrow, turned down his appeal and appointed a debt agency to recover the money.

Legal battle against airport parking fines

When Edward refused to pay he began receiving officious letters from a debt collection agency, which had increased the debt to £150 with no clear explanation.

He says that many people who are unaware of the law would have felt intimidated into paying.

However, when he challenged both the parking firm, APCOA, and the debt agency to take him to court, they backed down – and dropped the fine altogether. APCOA told us it did this as a goodwill gesture. But Which? agrees with Edward that these particular parking fines may not be legal.

Why Heathrow’s parking fines may not be lawful

It’s accepted in law that car park owners can fine drivers who don’t pay, after a 2015 ruling by the Supreme Court ruled that they have a legitimate interest in encouraging motorists not to overstay.

But Edward argues that, rather than being fined for overstaying at Heathrow – which he didn’t do – he was fined for late payment. He thinks that the fine is unenforceable as an unfair contractual term under the Consumer Rights Act 2015, and ‘an unlawful penalty under the common law’.

He also argues that he’d have happily paid the £5 fee at the time – but there was no easy way to do this. ‘If there had been a machine for contactless payment, I would have paid,’ he says. ‘But APCOA is taking advantage of motorists’ forgetfulness.’

Airport parking fines not tested in court

The fact that APCOA and the debt collection agency dropped the claim against Edward Levey means that this argument has not been tested in court.

APCOA rejected the argument that the fines are unlawful and said that all of its procedures ‘fully comply with the British Parking Association’s Approved Operator Scheme’.

It also said that it makes it clear to drivers that they need to pay the fee, with 140 signs around the airport.

It said: ‘In addition to this, all customers have the option to pay either in advance or after their trip via registered account, telephone, the internet or via the customer call centre where they will be assisted by an agent if they are facing any issues.'

Why do airports charge drivers drop-off fees?

The charges for dropping off and picking up loved ones at the airport have risen steeply over recent years.

The airports argue that these are designed to encourage travellers to use public transport and reduce congestion, but many also admit that they are a source of funding.

Most airports do have an area where drivers can drop off passengers for free, but this will typically be further away from the terminal. You’ll either have a long walk or need to take a shuttle bus.

Drop-off charges

How to save money at the airport

For other ways to save money at the airport, from changing money to shopping, see our full guide here.