What to do if the ticket machine is broken

nigelbb

It is also worth remembering that in most cases, when an enforcement agent enters say a pay and display car park, the first thing they do is to check the equipment before undertaking enforcement action. This is often evidenced by then physically purchasing a ticket to prove it functions correctly; this also provides the car park operator with times, proof that the enforcement agent was present in the car park.

This is good to know and is excellent ammunition to use for a POPLA appeal in such a case thus putting the onus on the PPC to prove that the ticket machine was working rather than the driver attempting to prove that it wasn't.

Umkomaas

nigelbb wrote: »

This is good to know and is excellent ammunition to use for a POPLA appeal in such a case thus putting the onus on the PPC to prove that the ticket machine was working rather than the driver attempting to prove that it wasn't.

Well spotted Nigel. Another hospital pass from the BPA to its members :rotfl:

Coupon-mad

Guys_Dad wrote: »

Just had an updated reply.

Further to our previous e-mail in regards to your query about broken pay and display machines. I have spoken to one of my managers who has advised the following.

Clearly “putting the customer at the heart of your thinking” would suggest that any parking systems and equipment deployed to control entry, exit and payment for parking should be in operation and motorists provided with the means to comply with any requirements for payment. To undertake enforcement action of any kind when this was not the case would be unfair. It is the adjudication services, both statutory and POPLA that would deal with this unfairness should it arise. Guidance of this kind is not something the BPA currently publishes since it is common sense to some extent and the appeals mechanism is in place.

In practice when payment devices are malfunctioning or not available common sense prevails in most cases and especially when the motorist draws attention to the fact. Most parking operators, public and private sector have routines in place to regularly inspect and maintain equipment to ensure that it is functioning correctly and most equipment manufactured in recent years can be monitored remotely over the internet. It is also worth remembering that in most cases, when an enforcement agent enters say a pay and display car park, the first thing they do is to check the equipment before undertaking enforcement action. This is often evidenced by then physically purchasing a ticket to prove it functions correctly; this also provides the car park operator with times, proof that the enforcement agent was present in the car park. There are a number of other similar or related working practices.

However, operators can have motorists who have received a parking charge notice claim the machine was broken to avoid having to pay to park and paying the parking charge notice. Therefore if you come across a broken machine, we would suggest you look for another machine within the car park and contact the number on the machine to let the operator know.

We hope this clarifies the position further.

That's really useful for the future, thanks for posting it.

I seem to recall we do have a thread on here or pepipoo where the person was in a car park where the machines were broken...think it's at POPLA stage (not small claim). I will look out for it and quote the BPA for the OP, unless anyone else remembers which case it was and links this thread first.