Llangrannog Beach car park - PCNs when prevented from paying

Umkomaas

But he was parked for longer than 91 seconds.

Pre-Beavis and latest Abuse of Process cases in regard to the additional £50 scamcharge!

Castle

Umkomaas wrote: »

But he was parked for longer than 91 seconds.

Pre-Beavis and latest Abuse of Process cases in regard to the additional £50 scam!

And an unpaid parking fee, not a breach of contract.

GlynDwr

So,a driver cannot pay at the parking ticket machine, and cannot pay by mobile app, because of the documented lack of coverage; and the condtions state that they should not leave the car park before paying in these ways! Then surely this must be a frustration of contract i.e there is no contract.


I have read mention of frustration of contract on other threads. Perhaps other more knowledgeable people could advise further on this as a defence, and use search functions on here to find examples

ParkingMad

This situation was mentioned during a Parliamentary debate on the Parking Code of Practice:

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

Tim Loughton (East Worthing and Shoreham) (Con)
Does my right hon. Friend agree with my frustration—I have had lots of cases in Worthing—that people legitimately try to pay at the machines and the machines do not work? They try and ring a number, and that does not work and it is so complicated. Or they have to download an app. The average resident of Worthing does not have apps. If the equipment does not work, there should be no basis on which the charge should go through. Does he agree that there should be a system like that?

Sir Greg Knight
If there are a number of payment machines and one of them is not working, that is not an excuse, but if there is only one machine or all the machines are out of order, that ought to be a perfect defence. The company operating the car park has in effect invited the motorist on to the car park to park the car on payment of a fee, and if it is not going to facilitate payment, it should not be able to extract a penalty. Rip-offs from car park cowboys must stop. Most parking operators have nothing to fear from the Bill, but we must stop unscrupulous operators who are undermining the whole sector with their bad practices.

ParkingMad

A planning application has been submitted for a replacement P&D machine, ANPR camera and signage. It can be viewed here:
https://ceredigion-online.tascomi.com/planning/index.html?fa=getApplication&id=57825
There are quite a few objections already.
https://www.llangrannog.org.uk/News_%20Page.htm

D_P_Dance

Have you read this?

https://forums.moneysavingexpert.com/discussion/6116701/let-us-ignore-all-pcns-not-for-milquetoasts/p1

ParkingMad

This newspaper article quotes One Parking Solution as blaming a 'data error' for issuing PCNs to motorists who had paid for parking at the P&D machine.
https://www.aberaeron-today.co.uk/article.cfm?id=131491&headline=Incorrect%20parking%20fine%20due%20to%20%E2%80%98computer%20error%E2%80%99&sectionIs=news&searchyear=2019

Incorrect parking fine due to 'computer error'

An Aberystwyth woman wrongly threatened with a £100 fine after parking at Llangrannog Beach's controversial car park was the victim of a computer error, it has been claimed.

Terina Kidby and her husband, John, had left the car park with half an hour remaining on their ticket.

But the couple were shocked to subsequently receive a £100 fine letter in the post.

It stated they had either paid an insufficient fee or their ticket had not been displayed.

Fortunately Mr and Mrs Kidby were able to prove their innocence by finding the ticket was still in their vehicle – three weeks after the event.

They subsequently advised fellow motorists to keep hold of their tickets if using the car park, which has sparked a string of complaints.

A spokesperson for national firm One Parking Solution, which manages the car park, said: “This particular PCN was issued in error. However, at the time it was unforeseen as there was a delay in the data coming into our servers from the pay-and-display machine.

“The driver did appeal and this was approved and confirmed in writing sent to the driver via email.

“I apologise for any inconvenience caused, however, as stated above it was unforeseen and the reality is sometimes all the wonderful technology we have in the world does on rare occasions have delays.”

beamerguy

HA .... OPS blame any old rubbish to cover up their scam

ParkingMad

Llangrannog car park charges set to return 
https://www.bbc.co.uk/news/uk-wales-52617435

A car park where motorists were hit with fines due to a faulty ticket machine will see charges return.

Technical problems meant a solar-powered ticket terminal at Llangrannog Beach in Ceredigion was often out of order.

Following complaints from visitors and local businesses a decision was taken to suspend charging over the winter as a "goodwill gesture".

A new machine will be installed after the council approved a planning bid.

According to the Local Democracy Report Service, motorists will face charges all year round, with varying winter and summer tariffs.

The new machine will run off a hard-wired power supply, with number plate recognition cameras used to monitor vehicles.

Le_Kirk

........ and providing it works EVERY time, takes cash and and including contactless AND the pay by phone app works - assuming one can get a mobile phone signal - then all will be fine.  Everyone who uses it just needs to be aware that failure to pay or an overstay will be jumped on with relish by the PPC as they will need to recoup their outlay on providing mains electricity to the PDT.