At the appellant’s request I considered this appeal on the papers.  A Penalty Charge Notice (PCN) was issued to a vehicle as it was parked without clearly displaying a valid pay and display ticket. 

The appellant asserts that the ticket machine at James Street was faulty and that they had no time to search for another machine and had called Roads Service at 11.07am to explain. 

Although the Roads Service makes no comment in relation to machines in James Street South, Roads Service asserts that the two machines in Brunswick Street (where the vehicle was parked) were working.  In support of this, the Roads Service refers to a highlighted section of the Traffic Attendant’s (TA’s)  pocket book, which states that “m/c No 48 working” and “m/c no 47 working”.  Roads Service also provides a print out with the heading “Log by machine All Events”.   At 7am both machines are listed as “system machine ok”.  On the basis of this evidence and the pocket book evidence of the TA I am satisfied that the two machines in Brunswick Street were working.  

There is insufficient evidence to ascertain whether any machines in James Street South were working at the relevant time.  However, even if I accept that a machine in James Street South was not working, I am satisfied that there were sufficient working machines in the vicinity.  I find that the contravention occurred and the appeal must therefore fail. The appeal is refused.

Back