PCN from Council even though machine was faulty

Just_Incredible

Today I parked up at St Josephs Drive, Hendon next to the library. The ticket machines here are all solar powered and notice that the machine was not working. There was a message on the machine saying that 'if the machine is not working, then use the next available one, or ring this number.... to pay online with card'

I then went to the 2 closes machines which were also not working. Since I didn't have my card on me on my visit I chanced it by placing a sign saying 'all 3 machines not working'. When I came back to my car I had a ticket, this is quite annoying as I was willing to pay for ticket, but only had coins on me.

So my question is were do I stand with the law regarding 3 faulty machines in this way, would this be under the road traffic act or is the council being sneaky with this? I am aware that many private car parks such as euro car parks operate in a similar way.

Thanks.

McKneff

I dont think you have a leg to stand on to be honest, its not the council fault you didnt have your card on you.

You couldnt pay so they will stay you should have parked somewhere else.

You said yourself, 'I chanced it'

Paradigm

To be fair I think there's a bit of "chancing it" from the council too. Is there a phone nearby to be able to pay by card... not everyone has a mobile!!

Leaving the car park to look for a phone can also get you a ticket

muckybutt

Might be worth a punt in appealing it stating your case, but I wouldnt hold your breath.

Its happened to me before two out of two machines not working so phoned the council up who were unaware of the problem, they thanked me and gave me free parking for the rest of the day

Paradigm

muckybutt wrote: »

Might be worth a punt in appealing it stating your case, but I wouldnt hold your breath.

Always appeal! The fact that none of the machines were working is an appeal point in itself IMO! Public payphones are as rare as rocking horse poo these days so if you don't own a mobile how do you pay?

The fact there was a notice on the machines means the council knew about the fault....

I'd take it to pepipoo & get an expert opinion

Coupon-mad

McKneff wrote: »

I dont think you have a leg to stand on to be honest, its not the council fault you didnt have your card on you.

You couldnt pay so they will stay you should have parked somewhere else.

You said yourself, 'I chanced it'

Sorry but I totally disagree. Most people win on appeal who actually take it all the way to the adjudicator and why would anyone not bother?

The only 'risk' is being told by the adjudicator to pay the non-discounted fine in the end, but as the odds are in the motorist's favour why wouldn't the OP have much chance here?


- We don't know if the PCN is compliant.

- We don't know if the signage is compliant.

- We don't know if the Parking Places Order for that car park is in order.

- We can't know until the OP tries, if the Council would allow an informal appeal.

- We can't know until the OP tries, if the Council would allow the formal appeal.

- We can't know if the Council would fold before adjudication, faced with a detailed appeal.

- We can't know if the adjudicator would find in favour of the OP.


Just Incredible, you should post a new topic on pepipoo forums with a pic of the front and back of your PCN (PCN number and car ID blanked out) and they will help you to appeal this if there are good grounds. Most pepipoo posters win:

http://forums.pepipoo.com/index.php?showforum=30

Let us know when you win in the end but don't expect an immediate result from any Council. Play them at their own game.

Just_Incredible

Paradigm wrote: »

To be fair I think there's a bit of "chancing it" from the council too. Is there a phone nearby to be able to pay by card... not everyone has a mobile!!

Leaving the car park to look for a phone can also get you a ticket

Thanks for this piece of usefull information. :T

According to the ticket I was observed for 8 minutes, which could potentially be used for going to the 3 machines, locating a phonebox before coming back to my car. It seems the council have place these signs to all machines as a generic rule .