Parking Fine When the Payment Machine Was Broken

Parking Fine When the Payment Machine Was Broken

Getting a parking fine when the payment machine was not working is one of the most frustrating parking situations. You wanted to pay, you tried to pay, but the machine would not let you. Here is how to challenge the charge.

Your Rights When the Machine is Broken

The fundamental principle is that you cannot be penalised for failing to do something that was impossible. If the only available payment method was a machine and that machine was broken, you could not comply with the terms even if you wanted to.

For council parking:

If the pay-and-display machine is broken and there is no alternative payment method (such as a phone payment option), you have a strong defence. The contravention effectively did not occur because you could not obtain a valid ticket.

However, if an alternative payment method was available (e.g., a phone payment number on the machine or on nearby signage), the council may argue you should have used the alternative.

For private parking:

If the operator's payment machine was broken, the contractual terms could not be fulfilled. You attempted to comply with the contract but were prevented from doing so through no fault of your own. This is a strong ground for appeal.

Evidence You Should Collect

Gathering evidence is critical for machine fault appeals:

At the time:

1. Take a photo of the machine showing the fault (error message, blank screen, jammed coin slot, etc.)
2. Take a photo of any "out of order" notice
3. Take a photo showing the date and time (or ensure your phone's timestamp is captured in the photo metadata)
4. Note the machine number or location reference
5. Try the machine and photograph any error message displayed
6. Check whether there are alternative machines and whether they work
7. Check for any alternative payment methods displayed on or near the machine
8. If others are also struggling, get their contact details as witnesses

After receiving the charge:

1. If you did not photograph the machine at the time, return to the site. Check if the machine is still faulty or if there are signs of recent repair.
2. Check social media and local forums for other people reporting the same fault at the same location on the same day.
3. Request the operator's or council's machine fault logs via a Subject Access Request or Freedom of Information request.
4. Check your bank statement to show no payment was taken (proving the machine did not process your attempt).

How to Appeal

Council PCN appeal:

In your appeal, state:

1. You intended to pay for parking and attempted to use the machine
2. The machine was not functioning (describe the specific fault)
3. No alternative payment method was available (or explain why the alternative was not reasonable)
4. You should not be penalised for a failure that was the council's responsibility to prevent
5. Attach all photographic evidence

Private parking appeal:

In your appeal, state:

1. You attempted to comply with the terms by paying at the machine
2. The machine was not functioning (describe the fault)
3. The contractual terms could not be met through no fault of your own
4. A contract requires both parties to be able to perform; the operator failed to provide a working payment facility
5. Reference the BPA or IPC Code of Practice requirements for alternative payment methods

What If There Was an Alternative Payment Method?

If the machine was broken but a phone payment option was available:

• Council parking: The council may argue you should have used the phone option. However, if the phone number was not clearly displayed, if the phone system also was not working, or if you did not have a phone with you, these are mitigating factors.

• Private parking: Similar arguments apply. Additionally, some phone payment systems require registration and a smartphone with data. Not all motorists have these available, and operators should not assume they do.

Machine Faults the Operator Will Not Admit

Sometimes the machine appears to work but does not actually function correctly:

• Accepting coins but not printing a ticket
• Displaying an incorrect time on the ticket
• Card reader declining valid cards
• Touchscreen not responding to certain areas
• Machine taking payment but not updating the ANPR system (in barrier car parks)

In these cases, bank statements showing a payment attempt or a card decline can be valuable evidence.

Council Obligations

Councils have a duty to maintain their parking infrastructure. If a machine is repeatedly faulty:

• They should place an "out of order" notice on the machine
• They should not issue PCNs if the only payment method is unavailable
• They should have a process for cancelling PCNs issued during machine faults
• You can request machine fault logs and maintenance records through a Freedom of Information request