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equipment failureUK · England & WalesDifficulty: moderate

Payment Machine Out of Service — Mitigation

The Single Code's Mitigating Circumstances list explicitly covers situations where one or more payment machines were out of operation AND no alternative payment option (such as a working app or backup machine) was reasonably available. In such cases the charge must be reduced to £20 and the driver should not be liable.

Legal basis

Private Parking Sector Single Code of Practice v1.1 (17 February 2025), Annex F clause F.3 case type (f) — one or more payment machines out of operation, no alternative payment option available, and the driver could not reasonably be expected to have reached a working machine on the land; Consumer Rights Act 2015 ss.49-50. Conditions: appropriate evidence; first charge for that vehicle for that contravention; payment within 14 days; no independent appeal lodged.

How to identify this in your case

Driver attempted to pay but machine was offline/coin-only/refused card, or app didn't work due to no signal. Photographic evidence is decisive.

Sample appeal wording

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.

Dear [Operator Name], Re: PCN [PCN_NUMBER] — Vehicle [VRM] — [SITE_NAME] — [DATE] I attempted to pay for my parking on [DATE] at approximately [TIME]. The payment machine(s) on site were [DESCRIBE FAULT]. [If applicable: I also attempted the [APP NAME] app but no mobile signal was available / the app failed to authenticate.] Under the Mitigating Circumstances provisions of the Private Parking Sector Single Code of Practice v1.1 (in force 17 February 2025), an operator must reduce the parking charge to £20 where machines were out of operation and no alternative was available. Evidence enclosed: [photographs / app screenshot]. I rely also on the Consumer Rights Act 2015 ss 49-50 (reasonable care and skill in services). Yours faithfully, [Driver Name]

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