Payment machine couldn't accept your money
Councils in England shouldn't ticket you if an on-street pay machine was out of order, parking wasn't suspended and no other way to pay was signposted. That is statutory guidance councils must have regard to: if a council ignores it without a good explanation, a tribunal may treat that as a procedural error and allow the appeal. In full: if an on-street parking meter or pay-and-display machine is out of order, and parking there has not been suspended (with clear signs saying so), drivers should not be given a parking ticket unless another way to pay was available and clearly signposted. That means a machine that genuinely could not take payment — not working at all, or refusing every way of paying it offered — with no other way to pay available, working and clearly signposted. Not having the right coins does not count, and nor does a machine working as designed that takes exact change only. The guidance names on-street machines only: for a council car park it does not apply directly, but you can ask the council to use its discretion to cancel on similar reasoning — on that basis alone a tribunal can only recommend cancellation, and the council can decline with reasons.
Legal basis
Secretary of State's statutory guidance to local authorities in England on civil enforcement of parking contraventions (GOV.UK, updated 20 October 2022), 'Out of order parking devices': "if an on-street parking meter or pay-and-display machine is out of order (and parking has not been suspended and clearly indicated as such to motorists), motorists should not be issued with a PCN unless alternative means of payment were available to the driver and clearly indicated." Formal representations based on compelling reasons: Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022 (SI 2022/576), reg 5(2)(b)(ii). The guidance applies to England only and names on-street meters and pay-and-display machines. The guidance also states that authorities "will be expected to explain any decision not to implement the terms of the guidance, and adjudicators may consider it to be a procedural impropriety, sufficient to allow an appeal if no sufficient explanation is provided" (procedural impropriety: SI 2022/576 reg 5(4)(f)). Where representations rest on compelling reasons alone, an adjudicator who does not allow the appeal may only recommend cancellation (reg 7(8)); the authority must reconsider and respond within 35 days, giving reasons if it declines (reg 7(9)-(10)), and no appeal to the adjudicator lies against its refusal (reg 7(11)).
How to identify this in your case
Was the payment machine out of order — not working at all, or refusing every way of paying it offered? Photograph the machine and any error message it showed, and note the time. Then check whether parking there had been suspended, and whether another way to pay (such as an app) was available, working and clearly signposted. Not having the right coins, or a machine designed to take exact change only, does not count.
Sample appeal wording
Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at.
The on-street payment machine was out of order when I tried to pay — it would not accept payment by any of the methods it offered — parking at the location had not been suspended, and no other means of payment was available and clearly indicated. Government guidance to councils in England says motorists should not be issued with a penalty charge notice in those circumstances. I ask the council to cancel this penalty charge notice; if it declines to follow that guidance, I ask it to explain why, since an unexplained departure from it may be a procedural impropriety.
Beat It writes this argument automatically
Scan your PCN — our AI checks if this ground applies to your specific ticket and drafts an appeal letter. You check it and tap send: we send it in your name where the council takes email, or through the council’s own website where we can; otherwise we guide you through their own online form so you press submit, or give you a letter to post. The win fee is only charged if you win.
Scan my ticket