Challenging a parking ticket for broken machine

Yes, you can challenge a parking ticket if the machine was broken, and this is one of the stronger grounds for appeal. Here is how the position works and what you should do.

Legal position:

If you were unable to pay for parking because the machine was out of order, you have a reasonable defence to the penalty charge notice. The key principle is that you should not be penalised for failing to do something that was impossible at the time. This applies whether the ticket was issued by the council (a Penalty Charge Notice) or by a private parking company (a Parking Charge Notice), though the process for challenging each is different.

For council-issued tickets, the Traffic Management Act 2004 and associated regulations govern the process. A broken machine is a well-recognised ground for appeal, and most councils and adjudicators will cancel the ticket if the evidence supports it.

For private parking tickets, the Protection of Freedoms Act 2012 and the relevant code of practice from the British Parking Association or the International Parking Community apply. You can appeal through the operator's own process and then to the independent appeals service, which is POPLA for BPA members or the IAS for IPC members.

Evidence you should gather:

1. Take photographs of the broken machine, ideally showing the screen, any error messages, and the date and time if your phone stamps them automatically.
2. Note the machine number and its exact location.
3. Check whether there were other working machines nearby, because councils and operators may argue you could have used an alternative machine. If there were no alternatives within a reasonable distance, make that clear.
4. Check whether there was a phone payment option displayed. If there was, and you did not use it, the council or operator may argue you had another way to pay. If you had no phone signal, no smartphone, or no way to use that option, explain why.
5. Keep a note of the date, time, and circumstances while they are fresh.

How to challenge:

For a council ticket, you first make an informal challenge. If that is rejected, you make a formal representation. If that is also rejected, you can appeal to the Traffic Penalty Tribunal (outside London) or London Tribunals (in London). These independent adjudicators are free to use and regularly cancel tickets where the machine was genuinely broken and no reasonable alternative was available.

For a private ticket, you appeal first to the operator, then to POPLA or the IAS if rejected.

Important points:

Do not ignore the ticket. The deadlines matter. For council tickets, you usually get a 50 per cent discount if you pay within 14 days, and this discount period is normally paused or extended while a challenge is being considered, but check the wording on the ticket itself.

The strength of your challenge depends on the facts. If the machine was broken, there was no alternative machine within a reasonable distance, and you had no other realistic way to pay, this is a strong ground. If there was a working machine 20 metres away or a clearly advertised phone payment option you chose not to use, the challenge is weaker.

If you can tell me whether this was a council or private ticket, I can give you more specific guidance on the exact steps and timelines.