Is there a legal definition of 'parking' vs 'stopping' vs 'dropping off'?

[PanPilot]

I recently gave our neighbours a lift to a hotel on the local airport prior to a early-hours flight. The hotel car park is entered via one of those 'stop here, press-the-button, take a ticket' barriers. I didn't enter, it was a typical situation that we have all been in; "It's OK, just drop us off here...". We all got out, removed two small travel cases from the boot, I got back in and left. The whole process took no more than maybe 45 seconds at an absolute maximum. Unbeknown to me, the whole event was captured on CCTV operated by a private parking company, apparently specifically trained on that spot. (One has to wonder why?).
Some days later - you've guessed - I received a Parking Charge Notice for £100 from this company for, quote: "Parking in Prohibited Area" and citing airport Byelaws which they, as agents of the airport operating company, are authorised to enforce. Two photos were included, which clearly show the removal of luggage, and the guests entering the hotel.
It is quite plain to me that the CCTV camera is just a cash register operated by a rogue operator of which we have heard so much over the last few years.
I intend to contest this (to the court if necessary) on the grounds that I clearly was not parked, merely stopped to discharge passengers. Also, I believe the entrance to the hotel is not a 'Prohibited Area' - indeed, where I stopped is actually underneath the hotel. Most of the surrounding roads are clearly marked with double-red lines (my understanding is these designate the 'no stopping' area) and prominent signage. In this case the red lines very clearly have delineated end markings on either side of the hotel entrance.
I would appreciate any advice?
Many thanks! J

[R0b]

In the context private parking charges, I am not sure but there are some court cases I am aware of that provides some kind of definition on 'parking' and 'stopping' (see extracts below from the relevant cases). Can you confirm which airport you are talking about?

Ashby v Tolhurst [1937] 2 K.B. 242

SIR WILFRID GREENE M.R.
The first thing to do is to examine the nature of the relationship between the parties, a matter upon which the character of the ground is, I think, not without importance; but the most important element is the document itself. It describes the place in which the car is to be left as a "car park," and the document is described as a "Car park ticket." I myself regard those words as being, in a real sense, the most important part of the document, because they indicate the nature of the rights which the proprietor of the car is going to get. You take a car park ticket in order to obtain permission to park your car at a particular place, and parking your car means, I should have thought, leaving your car in the place ... Parking a car is leaving a car and, I should have thought, nothing else.

R. (on the application of XPL Ltd) v Harlow Council [2016] EWCA Civ 378

28. I reject the submission that the concept of "parking" in condition 4 is to be regarded as including the removal of a vehicle from the place where it has been parked. That is to distort the natural and ordinary meaning of the word. To "park" a vehicle is to bring it to a halt and to leave it temporarily where it is; relevant definitions in the Shorter Oxford English Dictionary (5th edn) are "[to] bring (a vehicle) to a halt in a stationary position intended to be clear of the flow of traffic", and "[to] leave [it] in a convenient place until required".

Regina v Criminal Injuries Compensation Board [1981] R.T.R. 122

The board held, reluctantly, that at the moment at which the applicant suffered this injury, the offence of failing to stop had already been committed. For my part I do not accept that. I do not think that the offence is committed merely because there is some movement on the part of the driver after the accident has occurred. ‘Stopping’ means refraining from going somewhere. When I ask myself ‘where does the section require the driver to refrain from going to?’ I answer that it requires him to refrain from leaving the scene of the accident. How wide an area that is must depend on circumstances in each particular case.

[PanPilot]

Hello Rob, many thanks for the response. It was Newcastle International Airport. The hotel was the 'Double Tree by Hilton' on the actual airport.
Just for information, I have found a Google search on 'Newcastle Airport Byelaws' pops up a link to the relevant document and a plan.

[PanPilot]

I would also point out, I never 'left' the car, other than alighting to open the boot and remove the luggage, in fact the doors were open until I got in to drive off again. So how can that be described as 'parking' in any logical sense?

[R0b]

From a common sense perspective, it wouldn't make sense. The contravention however, is based upon an allegation that you parked in a prohibited area so that's where your focus is likely to be. If the signs prohibited parking then it did not prohibit stopping in the sense given above from the extracts I mentioned. There's likely to be other arguments too such as it not being a breach of contract and a criminal offence as per the Airports Act 1986 but if legal proceedings are issued, then it's fair to argue and distinguish between the meaning of stopping and parking.

Out of curiosity, how long was it between the alleged contravention and receiving a letter from the parking co.?

tagging ostell who probably has more info on parking tickets generally.

[ostell]

When I read the first post I just knew where it was without any more being said.

As there is a barrier across the road you have no option but to stop.

As you said the red lines stop before that entrance. and the signs cannot create a contract.

Can you look in the Pepipoo forum and search for Newcastle Airport. There are many instances.

[PanPilot]

Hi again... it was seven days between the incident and issue of the PCN.
One other thing to point out. I stopped in the entrance alongside the barrier machine, but didn't press the button - there was no need as far as I was concerned. If stopping is interpreted as 'parking', then surely anyone who stops in the same position and gets out to operate the machine, would also be automatically in contravention of the regulation / Byelaw? It makes no sense. If not, then in this case the contravention is opening the boot to remove luggage, not the actual stopping - equally silly.
As for signage, there are prominent signs attached to railings in several places all over the airport. As far as I can see. every one is in an area where there are double-reds. This is standard airport fare, and for security as much as any other reason, perfectly sensible. However, as I said, although there such signs and red lines on the road adjacent to the entrance, they are very definitely and unambiguously terminated on either side by 'end lines' to allow access to the hotel entrance, which is clear of the road. As was my car.

[PanPilot]

Thank you for the info, Ostell, I will have a look...

[PanPilot]

Ostell, the pepipoo link certainly seems to be a rich seam... I'm still wading through it. Very many thanks!

It seems I was right about the cash register suggestion !

[ostell]

One option would be to get their customer, your passenger, to write to the hotel and complain bitterly about being charged for parking. I wonder what taxis do?

[PanPilot]

When I read the first post I just knew where it was without any more being said.

As there is a barrier across the road you have no option but to stop.

As you said the red lines stop before that entrance. and the signs cannot create a contract.

Can you look in the Pepipoo forum and search for Newcastle Airport. There are many instances.

Addendum: revisiting the 'scene of the crime' today, there are in fact signs up on a pole beside the barrier machine which state - albeit in small print six feet up - that it's a 'Restricted Zone' outside of the barrier in which 'stopping, parking, loading or unloading' is prohibited. Therefore it would be difficult to argue the signage point. Except, of course, that in order to read the sign, you must already have contravened the regulation... Kerching !

[charitynjw]

Addendum: revisiting the 'scene of the crime' today, there are in fact signs up on a pole beside the barrier machine which state - albeit in small print six feet up - that it's a 'Restricted Zone' outside of the barrier in which 'stopping, parking, loading or unloading' is prohibited. Therefore it would be difficult to argue the signage point. Except, of course, that in order to read the sign, you must already have contravened the regulation... Kerching !

It beggars belief that they put up a sign which says 'no stopping' when you have to stop to read the bl**dy sign!
Catch 22 or what!

[PanPilot]

One option would be to get their customer, your passenger, to write to the hotel and complain bitterly about being charged for parking. I wonder what taxis do?

He already did that - although not in writing - but they didn't want to know, they "aren't responsible for parking, the (airport) parking company is" - this is despite the car park being actually inside the hotel. The girl hinted this happens all the time.
On further investigation, a registered hotel guest can obtain an exit ticket by requesting one at the reception desk. If I had only looked at the inch-high small print, 8 feet up the pole, I would have realised that. Silly me.
I guess that maybe taxis servicing the airport have some sort of special arrangement.

[PanPilot]

It beggars belief that they put up a sign which says 'no stopping' when you have to stop to read the bl**dy sign!
Catch 22 or what!

Yes, it rather reminds me of something some wit had scrawled on the wall above the - errrm - facilities in the gentleman's lavatory, in very small writing:

" If you read what I have put
You'll be piddling on your foot".

"Too late !".

Sorry to lower the tone...

[PanPilot]

And with that, as I sit here reluctantly writing a cheque, all the while growling through gritted teeth, I think this is where I sign off.

I would like to thank you all for your replies and assistance !

Best regards J