I took a photo of the broken machine but it was on a different day — will it still help?

It will help, but a photo from a different day is not as strong as one taken at the time. Submit it anyway and explain the circumstances. If the machine was broken for multiple days, that also strengthens your case — operators are expected to maintain equipment promptly.

The machine worked but I could not get a signal on the parking app — does that count?

Yes, if the machine was not functional and the only advertised alternative was an app that required mobile data you could not access in that location. Document the app error and note that no cash or card machine was available as an alternative.

Should I have moved my car if the machine was broken?

Not necessarily. If there was no adjacent car park, moving was not a reasonable expectation. You attempted to comply with the terms and were prevented by the operator's failure. State this clearly in your appeal.

The operator says I should have used the telephone payment number — does that defeat my appeal?

Only if the telephone number was clearly signposted and you chose not to use it. If the sign listing the telephone number was not clearly visible from your parking space under BPA CoP s.18.3, the inadequate-signage argument applies. Operators must make alternative payment methods obvious.

Got a Ticket Because the Pay Machine Was Broken?

By GetRighted Legal Research TeamLast updated July 2026

Summary

If you could not pay because the payment machine was out of order, the contractual basis for the charge collapses: you cannot be bound by terms you had no reasonable means of satisfying. Under BPA and IPC Codes of Practice, operators must maintain functional payment equipment. Document the fault with a timestamped photo at the time — this is your most important evidence. NCP and APCOA have historically settled payment machine cases quickly when evidence is produced. You have 28 days from the Notice to Keeper to appeal.

Immediate Actions

Do this at the time of the fault and afterwards:

✓Photograph the broken machine immediately — make sure your phone timestamp is accurate
✓Note whether any alternative payment method (app, telephone) was available and signposted
✓If an app was offered but you could not connect, take a screenshot of the error message
✓Note other vehicles also parked without payment if applicable — useful corroboration
✓Keep any evidence of an attempted payment: bank statement showing failed transaction, app error
✓Keep the NtK envelope — check the postmark for the 14-day POFA rule

Appeal Steps

How to challenge a charge caused by a broken machine:

1Day 1–28 from NtK: Submit Stage 1 appeal with timestamped photo of faulty machine
2Many operators cancel at Stage 1 on payment fault evidence
3If rejected: Request POPLA (BPA) or IAS (IPC) reference
4Submit independent appeal within 28 days with all evidence
5POPLA/IAS decision: Independent assessors take a dim view of charging where payment was impossible

Legal Basis

Contract law: if the operator makes payment impossible or impractical through their own failure to maintain equipment, they cannot enforce the 'no valid payment' term. BPA Code of Practice requires operators to maintain functional payment systems. Consumer Rights Act 2015, s.62: a term that binds a consumer to pay where they had no reasonable means of doing so is potentially unfair. An offer of performance (attempting to pay) that was frustrated by the operator's own failure defeats the charge.

What to Expect

Payment machine fault cases are among the most straightforward to win at Stage 1, provided you have a timestamped photo. Operators cannot reasonably maintain that you were required to pay when their equipment prevented it. Some operators will request evidence that the fault was reported to their helpline — if a number was displayed, note whether you called it or could not get through. POPLA assessors consistently uphold payment-fault appeals where photographic evidence is produced.

Sources

BPA Code of Practice, Sections 13 and 18.3
Consumer Rights Act 2015, Section 62
Protection of Freedoms Act 2012, Schedule 4

Frequently Asked Questions

I took a photo of the broken machine but it was on a different day — will it still help?: It will help, but a photo from a different day is not as strong as one taken at the time. Submit it anyway and explain the circumstances. If the machine was broken for multiple days, that also strengthens your case — operators are expected to maintain equipment promptly.
The machine worked but I could not get a signal on the parking app — does that count?: Yes, if the machine was not functional and the only advertised alternative was an app that required mobile data you could not access in that location. Document the app error and note that no cash or card machine was available as an alternative.
Should I have moved my car if the machine was broken?: Not necessarily. If there was no adjacent car park, moving was not a reasonable expectation. You attempted to comply with the terms and were prevented by the operator's failure. State this clearly in your appeal.
The operator says I should have used the telephone payment number — does that defeat my appeal?: Only if the telephone number was clearly signposted and you chose not to use it. If the sign listing the telephone number was not clearly visible from your parking space under BPA CoP s.18.3, the inadequate-signage argument applies. Operators must make alternative payment methods obvious.

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