A barrister has explained what motorists should do when faced with a parking charge notice after encountering a broken payment machine. The enforceability of such charges depends on several key factors, according to legal expert Daniel ShenSmith, who shares guidance through his #BlackBeltBarrister channel.
When an appeal is likely to succeed
If a privately managed car park has only one machine and it's broken and no signs prohibit parking, an appeal is likely to succeed. However, ShenSmith warns that signs specifically stating "do not park" when machines are out of order change the situation entirely.
He said: "If there is a sign up saying if the machine is out of order, do not park and you park there anyway, then it's quite likely that the parking charge notice is going to be enforceable."
Check alternative payment methods
Drivers must also check for alternative payment methods such as phone apps or other machines before claiming they couldn't pay. ParkingWin advises gathering evidence like photographs of error messages and videos of failed payment attempts to support any appeal.
The process differs between private car parks and council-run facilities, with different appeal routes available through POPLA, IAS or the Traffic Penalty Tribunal.
Clear advice for motorists
ShenSmith's advice is clear for situations where no payment options exist and no prohibition signs are displayed. He said: "If all of those options have been exhausted, there's no alternative to pay, there is no working machine, there's no sign saying you can't park there, then my suggestion to you would be to appeal this parking charge notice, which should really be successful."
