I'm wondering what the legal position is now and what the legal position would have been had my niece simply accepted that the ticket machines were both faulty (which they were) and left after her appointment without making any payment.Īt the moment Euro Car Parks want £50. In fact, she admits she didn't really consider the time, she was just determined to buy the 1-hour ticket as originally intended and get home. I assume that had she purchased a 2-hour ticket, there would not be an issue, but unfortunately she didn't. However, my niece argues that it wasn't her fault that she couldn't buy a ticket on arrival and that it took time after her appointment for her to visit the bank and shop in order to get the cash to buy a ticket. The grounds for rejection are that her total stay in the car park exceeded 1-hour, which it did by 46 minutes. My niece has appealed the parking charge to Euro Car Parks and has just had her appeal rejected. I believe this is known as 'Frustration of Contract due to Equipment Failure'. The fault caused widespread disruption and was the reason why the parking machines were not taking card payments. This was the day that the O2 network went down at around 05:00hrs., along with all systems and subsystems using the O2/Ericsson services. This event took place on 6 December 2018 and the date is significant.
Then she returned to the car park and bought the 1-hour ticket she had originally intended to buy, before leaving. She then went into a shop and bought something she didn't need in order to get some change (the shop wouldn't give her any change unless she purchased something). Unfortunately, it was a ANPR car park, so there was no one there to read her note.Īfter her appointment, my niece walked into town and found an ATM where she withdrew a £10 note. There wasn't time before her appointment for my niece to resolve the problem, so she left a note on her dashboard to explain why she hadn't purchased a ticket. Several other people were experiencing the same problem of not being able to pay for their parking. On this occasion, neither of the two ticket machines was working correctly and neither machine would accept a card payment. She always pays for her parking with her NFC debit card. My niece is a member of the cashless society and doesn't carry any money. She intended to buy a 1-hour parking ticket. My niece had an appointment in town and parked in a car park operated by Euro Car Parks, where she had parked on many previous occasions.
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