Machine out of order- Minster Baywatch Options

[crustacean]

Hi all, I have had my first ever PCN and have been advised that this forum is a good place to turn to for help.

The driver went to a minster baywatch car park and the parking machine was out of order and would not accept coins. There was a phone parking service available however the driver's phone was out of charge and they were unable to use this. The stay was only for 40 minutes however a PCN of £100 has been issued. Unfortunately pictures of the out of order machine were not taken. No other machines were available to use.

Would it be possible to dispute on the grounds of the broken machine, or possibly dispute due to the disproportionate value of the PCN? I can hardly see that £100 of damages were caused to Minster Baywatch.

Thank you so much for your help.

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[ostell]

The £100 is not damages but a contractually agreed charge for a breach of conditions.

Post up the redacted PCN but leave dates

[The Rookie]

The broken machine doesn't help, a driver is expected to comply with the contract, if you can't pay you should leave. That is certainly the argument Minster will use and I'd expect a court to accept circa 50% of the time. As for disproportionate, that went out the window with Beavis unless you can show why Beavis doesn't apply to this case.

There are however far better defences likely available, so photos of the PCN/NTK and the signage in the car park please. Redact only personal data, leave the dates in please.

This post has been edited by The Rookie: Wed, 15 Jul 2020 - 06:45