An extremely important parking ticket case relating to out of order pay and display meters - Prendi - v- Camden - Case 2100346960.
This very important parking ticket case deals with a situation where the pay and display meter was out of order and the motorist went to look for another one. In this case the nearest meter was more than a mile away and the learned adjudicator's decision includes the following important observation "Whether there is another machine within a reasonable distance will depend on the circumstances and each case will turn on its own facts. However, the Enforcement
Authority cannot expect motorists to tramp the streets of
their borough trying to find a machine in working order. Going too far away from the parking place may indeed involving entering a different parking zone where, restrictions and charges could differ.
A contravention occurs if a vehicle is parked in an onstreet pay and display bay during controlled hours,
without clearly displaying a valid pay and display voucher.
There is no dispute that Mr Prendi's vehicle was at this location in Linden Gardens or that the Penalty Charge Notice was issued to it, as shown in the photographs/digital images produced by the Enforcement Authority.
Mr Prendi says that he went to the pay and display machine but it was not working out of order and so he went to look for another machine but there was no other one near.
Mr Prendi adds that the next one is over a mile away.
Mr Prendi says that he left a note to this effect in the vehicle. The civil enforcement officer has not recorded details of any note [Barrie's Note: "Interesting!" but the images appear to confirm one may have been there .
The Enforcement Authority do not appear to dispute that the pay and display was not working and have produced no maintenance records in this regard.
The Enforcement Authority do refer to the signage on the machine, advising the motorist that if 'not working use another machine'. [Note: If the machine says "No parking at out of Order Machines" or something similar do not park there and buy a pay and display voucher elsewhere]
See quote above
Considering carefully all the evidence before me, I cannot find as a fact that, on thisparticular occasion, a contravention did occur.
Accordingly, this appeal must be allowed.
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