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BPA Parking Eye ticket - machine not working

I've received a parking fine for £100 (£60 if I pay within 28 days) when I parked for 30 minutes at Southampton Red Funnel ferry terminal.  I tried to pay but the machine wouldn't take my card.  Is this worth an appeal?  Any tips for how to approach this?  Thanks in advance.

Comments

  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 14 September 2021 at 9:48AM
    Of course it is worth appealing you were unable to enter into a contract, read the newbies, read this

    https://en.wikipedia.org/wiki/Frustration_in_English_law

    and complain to your MP.  
    You never know how far you can go until you go too far.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 14 September 2021 at 9:51AM
    Read the newbies FAQ sticky thread near the top of the forum in announcements

    Show us pictures of the parking sign from the car park and machines

    Show us a redacted pair of pictures showing the front and rear of the NTK PCN , covering the reference numbers , cover your name , address , VRM details too , so no personal information , leave the dates showing

    I doubt that you will win if on-site for 30 minutes without any payment , 5 minutes to pay or leave is more like it , or 10 minutes tops
  • I took a photo of the machine that just kept saying 'see charging hours' so that will help.  We were within charging hours and the time was right but that was all it kept saying!

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That isn’t how you will be appealing though!  Have you got a golden ticket?  You need to read the NEWBIES thread first before you shoot your toes off by admitting to driving

    This site might even be subject to bylaws which makes it impossible to hold a keeper liable. 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • I'm a bit overwhelmed by the newbies post.  It's so confusing.  The template doesn't seem to fit for me so can I add a bit about the machine not working or does that not make sense?  Here's the front and back of the notice and the photo I took of the machine not working - it just kept saying 'see charging hours' as though I was outside of the charging hours.  Thanks in advance. 
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 September 2021 at 3:07PM
    That’s a golden ticket as you will have seen when doing ‘control and f’ when on the NEWBIES thread and searched for the word ‘golden’ (takes you straight there).

    Read that section about why you will now win, as long as no appeal blabs about who the driver was, who parked or what happened.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    You could add a one liner to the blue text template stating that the NTK PCN failed to comply with POFA , the law , so as keeper you have no legal liability at all 

    That POFA law is the killer blow due to their tardiness , so who cares about the incident or payment machines etc ?? Only you ! 

    It's the people who do in the driver or worry about the minor details who lose and it costs them money !!

    Do not be that person , not with the golden ticket !!  👍👍👍👍


  • Umkomaas
    Umkomaas Posts: 43,787 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think ParkingEye know fully the implications of bylaws in the context of keeper liability and why they consistently send out golden ticket NtKs for such sites. I must admit that I do have a sneaking admiration for their administrative slickness in this regard. 

    I guess they don't mind when they are rumbled by the odd golden ticket-savvy motorist, because there'll be dozens of others believing themselves to be 'in trouble' and gladly reaching for their chequebooks to gain absolution!

    Kerching!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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