Parking fine - machine out of order
Parking fine - machine out of order
Author
Discussion

Freakuk

Original Poster:

4,791 posts

181 months

Thursday 21st December 2017
quotequote all
So a few weeks ago Mrs Freak had to into work late at night due to an alarm going off, I went with her given the time and the alarm.

We parked on a pay and display car park, but the ticket machine was broke... with an out of order message being displayed on the screen, I decided I’ll take a photo of the screen displaying the message which included the time and date, just in case.

Well low and behold tonight there’s a letter on the doormat from the parking company with photos of us entering and leaving with time stamps which amazingly correspond to the date of the display on my photos.

My question is how to approach this, clearly we have evidence of the failure which meant we couldn’t pay for the parking, but I’m just expecting the company to be s@itty about it rather than admit error.

Thoughts?

BlueMeganeII

338 posts

189 months

Thursday 21st December 2017
quotequote all
Reply to parking firm with mitigating circumstances and photos?

zarjaz1991

6,844 posts

153 months

Thursday 21st December 2017
quotequote all
BlueMeganeII said:
Reply to parking firm with mitigating circumstances and photos?
Expect them to say "if the machine was broken you shouldn't have parked there at all", a common tactic now in use.

anonymous-user

84 months

Thursday 21st December 2017
quotequote all
Was there only 1 machine in the car park or are there others dotted about.
Many machines have a notice 'If out of order use another machine'.

Palms

254 posts

181 months

Friday 22nd December 2017
quotequote all
Parked up in leeds town centre a couple of weeks back and the machine said the same, i went to about 3 different streets and all the machines were out of order.
Like you i took a photo of the meters screen. I did try pay by phone but it was hit and miss if i would get through to a robot or just a dead line and when i did get through it would’nt accept my card.

I left a note in the window explaning the situation and that i had tried to pay by phone but to no avail. Before i left the car alone i did a quick google as what to do in that situation and what i read was to not park there, i was running out of time so just had to risk it.

I came back after an hour expecting the worst but there was no ticket. That was a relief and im so glad im not in your shoes right now.

clarkey

1,430 posts

314 months

Friday 22nd December 2017
quotequote all
Send them a cheque for the parking fee in full and final settlement.

TooMany2cvs

29,008 posts

156 months

Friday 22nd December 2017
quotequote all
speedyguy said:
Was there only 1 machine in the car park or are there others dotted about.
Many machines have a notice 'If out of order use another machine'.
...and was there a sign giving details for paying by phone?

The Mad Monk

11,505 posts

147 months

Friday 22nd December 2017
quotequote all
Freakuk said:
............Mrs Freak .................
Never mind all that about parking.

Why is she Mrs Freak?

She is Mrs uk, surely?

Is Freak your first name or your last name?

Are you actually married?

anonymous-user

84 months

Friday 22nd December 2017
quotequote all
The Mad Monk said:
Never mind all that about parking.

Why is she Mrs Freak?

She is Mrs uk, surely?

Is Freak your first name or your last name?

Are you actually married?
Mrs UK might be bragging somewhat?

Or maybe not OP smile

I hope you get it sorted, as above, contact them with the circs as to why you had to park there and send the pic. If they still want payment send the parking fee.

a.lex

165 posts

107 months

Friday 22nd December 2017
quotequote all
zarjaz1991 said:
BlueMeganeII said:
Reply to parking firm with mitigating circumstances and photos?
Expect them to say "if the machine was broken you shouldn't have parked there at all", a common tactic now in use.
A PPC will only be interested in money, not "circumstances". They will come up with one excuse or another--it doesn't matter to them which, so long as you pay them. However, in a parking situation based on contract, if the contract says "pay at machine" and it is not possible to do so, the contract cannot be enforced. The contract could give instructions regarding an out of order machine, but many do not. Check the actual wording on the signs. If a contract claim is not possible, the land occupier (if not the PPC) could allege trespass, but that is unlikely, as damages would have to be proved and would amount to much less than the court fees.

T70RPM

499 posts

266 months

Friday 22nd December 2017
quotequote all
I have had this happen more than once. Write to them with a copy of the picture. If after that, they persist, tell them that you will appear in court to defend it, and you have all the time and resources in the world to defend that you consider to be right and proper. Also point out that they will not get judgement by default, that you will reply to the court and appear in person.
What has happened to me every time, is an 'on this occasion we have decided to waive...etc'
Got to be worth a go. It costs nothing. They are looking for easy money, and definitely not disputes in court.

elanfan

5,527 posts

257 months

Friday 22nd December 2017
quotequote all
This and that you will seek your costs too!

BlueMeganeII

338 posts

189 months

Saturday 23rd December 2017
quotequote all
Ok so as pointed out there’s almost always a way to pay by phone now. So if the machine is out of order but pay by phone is available how would that play out? (Not saying that is the case with the op).

sim16v

2,177 posts

231 months

Saturday 23rd December 2017
quotequote all
BlueMeganeII said:
Ok so as pointed out there’s almost always a way to pay by phone now. So if the machine is out of order but pay by phone is available how would that play out? (Not saying that is the case with the op).
What happens if you don't have a phone?

They aren't a legal requirement when parking.....

Cold

16,721 posts

120 months

Saturday 23rd December 2017
quotequote all
sim16v said:
BlueMeganeII said:
Ok so as pointed out there’s almost always a way to pay by phone now. So if the machine is out of order but pay by phone is available how would that play out? (Not saying that is the case with the op).
What happens if you don't have a phone?

They aren't a legal requirement when parking.....
Or a credit/debit card?

anonymous-user

84 months

Sunday 24th December 2017
quotequote all
Cold said:
sim16v said:
BlueMeganeII said:
Ok so as pointed out there’s almost always a way to pay by phone now. So if the machine is out of order but pay by phone is available how would that play out? (Not saying that is the case with the op).
What happens if you don't have a phone?

They aren't a legal requirement when parking.....
Or a credit/debit card?
You don't park on what is usually a private companies land ?
Park/use the services of a company that is more in line with your lifestyle.
Local authority's etc should work to the lowest common denominator and accept cash etc.

Stout99

1,860 posts

146 months

Sunday 24th December 2017
quotequote all
Freakuk said:
So a few weeks ago Mrs Freak had to into work late at night due to an alarm going off, I went with her given the time and the alarm.

We parked on a pay and display car park, but the ticket machine was broke... with an out of order message being displayed on the screen, I decided I’ll take a photo of the screen displaying the message which included the time and date, just in case.

Well low and behold tonight there’s a letter on the doormat from the parking company with photos of us entering and leaving with time stamps which amazingly correspond to the date of the display on my photos.

My question is how to approach this, clearly we have evidence of the failure which meant we couldn’t pay for the parking, but I’m just expecting the company to be s@itty about it rather than admit error.

Thoughts?
Not sure why you need to ask.

Send your photos with the broken machine and proof there was no alternative means of payment....simples.

Unless of course you know there was an alternative means of payment and correspondence is futile.