Payment Attempt / Machine Fault
Summary
Where a motorist makes a genuine attempt to pay but is prevented by a fault in the operator's payment system, the charge has no basis. The BPA Code requires operators to provide reasonable means to pay. The Consumer Rights Act 2015, Section 49, requires services to be performed with reasonable care and skill — a broken payment machine or crashing app is a failure to provide the contracted service. This defense applies to BPA, IPC, and council operators. Success rate is approximately 65% where contemporaneous evidence of the payment attempt exists.
Legal Basis
Consumer Rights Act 2015, Section 49: 'Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill.' BPA Code of Practice: operator must provide reasonable means to pay. Applied to parking: where the operator provides a payment mechanism that fails to function, or provides no alternative payment method, the consumer cannot be penalised for failing to comply with terms the operator itself prevented compliance with.
When This Defense Applies
This defense applies when: a pay-and-display machine showed an out-of-order notice or failed to accept payment; a parking app crashed, timed out, or showed a payment error at the time of parking; the payment card reader was inoperable and no alternative method was offered; mobile signal was insufficient to use an app-only payment system with no fallback. The defense is strongest where you have contemporaneous evidence — a screenshot of the app error, a bank statement showing an attempted transaction that was declined, or a photo of the out-of-order notice.
Evidence Required
Collect as much of the following as possible:
- Screenshot of payment app showing error message or failed transaction attempt, with timestamp
- Bank or credit card statement showing attempted payment or declined transaction at the location and time
- Photo of out-of-order notice on machine, with timestamp if possible
- Phone screenshot of app transaction history showing the attempt
- Evidence that alternative payment methods (if any) were also unavailable
Win Rate
Approximately 65% success rate where contemporaneous evidence of a genuine payment attempt is available. Without supporting evidence the defense is weaker — a bare assertion that the machine was broken carries less weight than timestamped photographic evidence.
Operator-Specific Patterns
NCP: Primarily app-based payment (JustPark/NCP app). Relatively responsive to evidence of app failures at POPLA appeals. APCOA: Multiple payment methods available at most sites — check whether all available methods were genuinely unavailable before relying solely on this ground.
Sources
- Consumer Rights Act 2015, Section 49
- BPA Code of Practice
Frequently Asked Questions
- I tried to pay but the app said my card was declined — does that count?
- A card decline because of insufficient funds is different from a machine fault. The defense requires that the payment system itself failed — not that your card was declined. If the machine or app was working but your card was declined, this defense does not apply.
- I forgot to pay — can I argue the machine was broken after the fact?
- A defense of machine fault requires contemporaneous evidence. If there are no records of a payment attempt and no documented evidence of a fault at that time, the defense is unlikely to succeed. Be accurate about what happened.
- Does this apply to council pay-and-display machines?
- Yes — council PCNs are included. The payment error defense applies under general fairness principles and the Consumer Rights Act regardless of whether the operator is a private company or a local authority. The evidence standard is the same.
- What if only one of several machines was broken?
- If functioning machines were available nearby, the operator may argue you could have used them. However, if the broken machine was the closest to your space, or if you genuinely did not know others were available, argue the specific circumstances. The BPA Code requires the operator to have provided 'reasonable means to pay' — if the provision was inadequate, that is the operative test.
Related
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