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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70698
Experience:  Over 5 years in practice
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We parked in car park with ticket machine. The machine in question

Resolved Question:

We parked in car park with ticket machine. The machine in question failed to accept £1 coins on a Sunday night which I assumed there was no charge at that time of night. I have now received a £100 fine. Do I have to pay for this on basis the machine would not accept payment?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Who is the issuer of the fine?
Customer: replied 2 years ago.
Smart parking
Unit 43 Elmdon Trading Estate
bike hill Lane
mars ton Green
Birmingham
Expert:  Jo C. replied 2 years ago.
Is there any mention of the local council in the small print?
Customer: replied 2 years ago.
There is no mention of local council
Expert:  Jo C. replied 2 years ago.
This is a private land fine then.
There is no defence arising from the ticket machine not working I'm afraid. In fact, if it was not working then the law would expect you not to park there.
If you are in Scotland then the PoFA 2012 does not apply so the registered keeper is not presumed to be liable but you have admitted being the driver effectively anyway.
There is a case in England called Beavis that causes the challenge on the basis of the sum of their loss to collapse. That is not binding in Scotland but it is persuasive authority.
The remaining point though is adequacy of signs. I don't know whether or not that is a challenge you can bring. The fact that you don't seem to know whether or not parking at that time was prohibited tends to suggest the signs were inadequate.
Can I clarify anything for you?
Jo
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