Paying a car park fee by mobile phone?

43722

Hello, try to keep this simple, based on an experience today. I parked in a Country Park, and according to the parking info, I could pay by card or cash at the machine, or by mobile phone. I originally chose the machine, intending to pay with my card. However, the machine was broken, and would not accept either card or cash. My only resort was a mobile phone. I did pay, but I found it a tedious and troublesome process. My question is, it legally compulsory to pay by phone, or could I effectively have refused to pay? I was not willing to risk a fine / penalty charge, so I did pay..

Coupon-mad

You might get one anyway if the place is run by a private parking firm.  They like to send postal PCNs to people they say took too long to pay (and yes, you had to pay).

Not Swanley Park, is it?

Umkomaas

My question is, it legally compulsory to pay by phone, or could I effectively have refused to pay?

Yes, as long as you left the car park and parked elsewhere. You have absolutely no legal or other entitlement to park there free of charge, no matter what breakdown in hardware or software occurred. 

Even if you moved tail quickly, sometimes anything more than a few minutes will result in something unpleasant dropping through your letterbox. 

Welcome to the Wild West world of private parking.  

43722

Thank you. I am fairly confident I paid within the time allowed. The first 30 minutes are free at this park, at Holme Pierrepoint in Nottinghamshire.

Coupon-mad

Which parking firm?

KeithP

43722 said:

Thank you. I am fairly confident I paid within the time allowed. The first 30 minutes are free at this park, at Holme Pierrepoint in Nottinghamshire.

According to the Holme Pierrepont Country Park website:

There is a 30 minute grace period for deliveries and drop-offs.

From that it isn't clear that a driver has thirty minutes to pay if they intent to stay onsite longer than thirty minutes.
It all depends on the signs.


Google Street View doesn't appear to show any car park entrance signs, but that is dated October 2020.

Terry1931

Umkomaas said:

My question is, it legally compulsory to pay by phone, or could I effectively have refused to pay?

Yes, as long as you left the car park and parked elsewhere. You have absolutely no legal or other entitlement to park there free of charge, no matter what breakdown in hardware or software occurred. 

Even if you moved tail quickly, sometimes anything more than a few minutes will result in something unpleasant dropping through your letterbox. 

Welcome to the Wild West world of private parking.  

The question arises if you are allowed a considerable free parking period for example 2hrs, and the fee, variable according to how long after 2hrs, is payable upon leaving, what if the means of payment listed in the terms and conditions are not working, ie the Terms and Conditions of payment are frustrated.

For example the Machines are not working and the mobile number to pay by phone is not available.

Do You leave unable to pay and await them to contact you. in which case you would hope they listen to you and charge the appropriate fee as if the machines and phone numbers were available and were working and NOT  a Penalty Charge notice with the non payment "penalty" added.

Umkomaas

Terry1931 said:

Umkomaas said:

My question is, it legally compulsory to pay by phone, or could I effectively have refused to pay?

Yes, as long as you left the car park and parked elsewhere. You have absolutely no legal or other entitlement to park there free of charge, no matter what breakdown in hardware or software occurred. 

Even if you moved tail quickly, sometimes anything more than a few minutes will result in something unpleasant dropping through your letterbox. 

Welcome to the Wild West world of private parking.  

The question arises if you are allowed a considerable free parking period for example 2hrs, and the fee, variable according to how long after 2hrs, is payable upon leaving, what if the means of payment listed in the terms and conditions are not working, ie the Terms and Conditions of payment are frustrated.

For example the Machines are not working and the mobile number to pay by phone is not available.

Do You leave unable to pay and await them to contact you. in which case you would hope they listen to you and charge the appropriate fee as if the machines and phone numbers were available and were working and NOT  a Penalty Charge notice with the non payment "penalty" added.

You would tell it to the Judge and let him/her determine.  There are no regulations governing private parking and any hypothetical questions can, at best, only deliver hypothetical answers. 

43722

Cheers to all for your comments so far. I am going to put my head in the sand for a few days and hopefully all plays out well. After all, I did pay the fee, and within the 30 minutes concession time. If anything turns up, I will address the issue at that point.