Help - Search - Members - Calendar
Full Version: Council PCN Code 73 - didn't pay because machine broken
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
iamannoyed
Hi, I have received a parking fine for a council-run car park. I parked and went to get a ticket from the machine. When I inserted my card the machine said "machine out of order". The machine does not take cash, only cards, and there isn't a second machine for the car park.

I left a note in my windscreen with what happened but came back to a PCN. Instead of paying it I appealed via their website. They have replied to say that I should have paid via the Ringo app instead and that the signs in the car park state that Ringo is a payment option (they do). They have not cancelled the PCN.

I do not have a smartphone with an internet connection therefore I could not buy a ticket this way. Do I have a case? As it seems unreasonable to expect everyone to buy a smartphone and internet credit just in case a parking machine is broken.
spaceman
Bottom line, if you were unable to pay you shouldn't have parked. It's irrelevant that you do not have a mobile phone which allows you to pay using the app, that is your choice.

However, I'm sure others will be along with advice on technicalities and 'interpretation' of the regulations.
stamfordman
Post the PCN, your challenge, their rejection, and the car park signs.
PASTMYBEST
QUOTE (spaceman @ Mon, 27 Nov 2017 - 19:33) *
Bottom line, if you were unable to pay you shouldn't have parked. It's irrelevant that you do not have a mobile phone which allows you to pay using the app, that is your choice.

However, I'm sure others will be along with advice on technicalities and 'interpretation' of the regulations.


rubbish bottom line is the council should provide the ability to pay. and no they as yet cannot demand that you have a smart phone.

parking is not a revenue raising exercise, so it is ridiculous to suggest that if a machine is out of order then all the parking places it serves are not usable. Nor is it allowed that the method of payment can discriminate against certain people

post the PCN your challenge the rejection council photos and if possible a photo of the T&C's board in the car park
Tartarus
Most Ringo locations utilise either payment by the app, or you can phone the number on the machine and pay over the phone that way instead.
Mad Mick V
OP--post up the PCN. Which Council? (I am taking a guess at Redbridge!!)

The answer to all our questions will be in the off-street parking places order and what it says about broken machines. The use of the word "optional" is not mandatory in any legal sense so the Order must be examined.

Most orders will not specify that you must PBP (other than a Redbridge one which justifies their appalling lack of maintenance of ticket m/cs)

Mick
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.