Britannia – Both payment machines faulty!!

Pestie123 · 22 November 2018 at 4:06PM

Dear forum,

I’m looking for some help on how to appeal a PCN received from Britannia.

In went to Cineworld St Neots start of October to see a late film.
When we came out the Cinema – both payment machines were faulty.
It was dark, and there was no other obvious means of payment.

I took a picture of both machines which clearly shows them not working.
A appealed the PCN to Britannia – which amazingly – they have rejected and have now advised I either pay, or appear to POPLA.

So how do I go about getting this all cleared up by these chancers??!!

Many thanks
P.

twhitehousescat · 22 November 2018 at 4:07PM

where ANY other method of payments offered ON SITE

pogofish · 22 November 2018 at 4:10PM

Start by having a good read of the Newbies Sticky - That will outline what you need to do and the timescales for doing it.

twhitehousescat · 22 November 2018 at 4:13PM

upon the correct answer to my question , I may suggest posting them a cheque , suitably photocopied and available both for POPLa and court if needed

there actions are close to predatory , and are a frustration of contract , both points frowned upon by the BPA

Pestie123 · 22 November 2018 at 4:20PM

@twhitehousescat
"where ANY other method of payments offered ON SITE"

Not that I saw. Only 2 machines. Both out.
Apparently, on the Brittania appeal rejection letter they sent pictures of signage that showed payment could be made online - but they were on the back of the machines - and not visible, or lit in the dark.

I need to go back and take pictures tonight - but frankly, who knew they were there!!?? I queued for the machines like everyone else.

@pogofish
I will do. I'm just surprised (naively) that faulty machines can fail an appeal!! I mean Brittania must have come out to fix them!

Coupon-mad · 22 November 2018 at 4:22PM

Apparently, on the Brittania appeal rejection letter they sent pictures of signage that showed payment could be made online - but they were on the back of the machines - and not visible, or lit in the dark.

I need to go back and take pictures tonight - but frankly, who knew they were there!!??

That will be good evidence for POPLA stage - which the NEWBIES thread post #3 tells you about and with template appeal points to add your photos to as your first point. Make sure your photos are DAMNING. Some POPLA Assessors are not the sharpest tools in the box.

twhitehousescat · 22 November 2018 at 4:26PM

why fix them , and get the off £1 coin , when you can leave them faulty , send out tickets for £60/100 and 50% will simply pay up

get photos , send cheque for parking amount, and appeal to POPLa , inc photos of cheque , photos of broken machines and hidden signage taken at similar darkness without flash

Pestie123 · 30 November 2018 at 2:47PM

**Update**

OK, So I've returned to the Carp Park at night, took photo's - and indeed there are some important signs that are actually missing! The signs advising Online payment as shown on the PCN are not there in real life.

Interestingly - having to build my POPLA appeal, it seems a defence of *broken payment machines* is not enough to get the PCN over turned.

How is that even legal??
If the 'contract' price as stated on signage is agreed - but there is NO WAY to make payment - and instead a demand for payment 56 times higher is received - Surely Britannia (in this instance) have failed in their obligation to take my payment!!??

Le_Kirk · 30 November 2018 at 2:53PM

Pestie123 wrote: »

Interestingly - having to build my POPLA appeal, it seems a defence of *broken payment machines* is not enough to get the PCN over turned.

How is that even legal??
If the 'contract' price as stated on signage is agreed - but there is NO WAY to make payment - and instead a demand for payment 56 times higher is received - Surely Britannia (in this instance) have failed in their obligation to take my payment!!??

Try searching for "frustration of contract" as a defence point.

Pestie123 · 30 November 2018 at 3:10PM

Thanks, I found this already.

Section 49 of the Consumer Rights act 2015

"Service to be performed with reasonable care and skill
242.This Section corresponds to section 13 of the SGSA but, as with all the provisions in Part 1 of the Act, it only relates to contracts between traders and consumers, specifically here, where a trader supplies a service to a consumer. It removes the legalistic reference to an ‘implied term’ that is in the SGSA and simply says that every contract where a trader supplies a service to a consumer includes a term that the service must be performed with reasonable care and skill. The standard that the trader must meet in section 49 and in section 13 of the SGSA however is the same and if the trader does not meet the test of “reasonable care and skill”, the trader will be in breach of contract."

That Britannia - by not maintaining their Payment machines are in breach of the "reasonable Care & Skill" clause nullifying any Contract.

thru Section 51 "Reasonable price to be paid for a service"

I think that could work - but what about the criminal intent behind it?
Britannia must have known their Payment machines were faulty, maybe even that signage was missing - yet still sent out the PCN's.

Coupon-mad · 1 December 2018 at 1:55AM

That won't work at POPLA though. This might, if you got good evidence photos:

So I've returned to the Carp Park at night, took photo's - and indeed there are some important signs that are actually missing! The signs advising Online payment as shown on the PCN are not there in real life.

Britannia – Both payment machines faulty!!

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