Covered ticket machines, but still a fine: what Swindon drivers need to know

Picture the scene. You pull into a council car park, walk to the machine and find it wrapped in a bin bag. There is no ticket to buy, no obvious alternative, and a warden may be walking the bays. Do you gamble on a free stay, or hunt for another way to pay?

That is the dilemma raised in a recent Swindon Advertiser report, which describes drivers complaining that they were expected to obtain and display tickets while some machines were unavailable or covered. Swindon Borough Council said enforcement remained in place at most car parks.

The story is local, but the questions it raises apply to any driver who has stood in front of a dead or bagged-up machine.

What happened

According to the report, drivers in Swindon raised concerns about being fined, or fearing a fine, in car parks where machines had been covered or were otherwise unavailable. The complaint was simple: they were still expected to buy and display a ticket, yet some of the equipment they would use to do it was out of action.

The council's position, as summarised in the article, was that enforcement continued at most car parks. The phrase "most car parks" is worth noticing. It suggests enforcement was not uniform, and that at least some sites may have been treated differently. The report does not set out in detail which sites those were or how drivers were meant to tell the difference, and we should not guess. That gap is the story: drivers are left to work out for themselves which car parks are "live" and which are not.

Why it matters

A bagged-up machine is a classic grey area. It sends mixed messages, and parking enforcement works best when the rules are clear.

The signage problem. A car park's rules are communicated through signs and, ultimately, the legal order behind them. If a machine is covered but the tariff board still says "pay and display, ticket must be displayed", a reasonable driver could read that as "the rule still applies". If the bag is accompanied by a notice saying "free parking" or "do not pay", the picture changes. Neither of those scenarios is clearly described in the report, which is why the confusion has arisen.

The fairness problem. Councils want compliance, and they have a legitimate interest in recovering the cost of running car parks. But enforcement is most defensible when the driver had a genuine, practical way to comply. A driver who cannot buy a ticket through no fault of their own is in a very different position from one who simply chose not to pay.

The trust problem. Council parking enforcement already attracts suspicion. Swindon has had its own controversy in this area, and we covered a case where a council warden was sacked after 50 PCNs were overturned. Mixed messages about whether a car park is being enforced only feed the perception that fines are about revenue rather than fairness.

The legal angle

The details depend on who runs the car park and what legal order covers it. In a Swindon Borough Council car park, the council is the operator, so the rules are different from those at a privately run site.

Council car parks

Off-street car parks run by English councils outside London are typically enforced as civil parking contraventions under the Traffic Management Act 2004, using a Penalty Charge Notice (PCN). The charge and the conditions of use come from a traffic order, and the signs are there to tell drivers what it requires.

If you receive a PCN, you generally have a ladder of options:

1. Informal challenge. Many councils invite you to write in soon after the PCN is issued. If you do so within the discount period, many councils will hold the discount open while they consider it, though practice varies.
2. Formal representations. If the council serves a Notice to Owner, you can make formal representations on specific grounds within the time limit set out on the notice.
3. Independent appeal. If the council rejects your representations, you can appeal to the Traffic Penalty Tribunal, which covers England outside London. The adjudicator is independent of the council.

The statutory grounds for challenge include that the alleged contravention did not occur, or that there was a procedural impropriety by the council. Adjudicators can also consider the particular circumstances of a case. Whether a covered or faulty machine amounts to a defence will turn on facts such as:

• What the signs actually said at the time.
• Whether another working machine or a payment app was available and reasonably accessible.
• Whether the driver tried to pay or otherwise comply.
• What evidence exists of the machine's condition.

There is no automatic rule that "machine out of order means no fine". Adjudicators look at the specifics, and outcomes will vary. Official guidance on appeals is available from the Traffic Penalty Tribunal, and the government publishes statutory guidance on civil parking enforcement, which is worth reading if you are contesting a notice.

Private car parks

If a car park is run by a private operator, the legal basis is contract and, for keeper liability, Schedule 4 of the Protection of Freedoms Act 2012, rather than a PCN under the Traffic Management Act. The appeal routes (to the operator, then to POPLA or the IAS depending on their trade body) are different. If you are unsure who runs a site, check the signs for the operator's name and the type of notice you were given. Our guide to private parking charges and whether you have to pay explains the distinction.

What drivers should know

This is general information rather than legal advice, but there are sensible habits that help in almost any dispute over a faulty or covered machine.

Before you leave your car

• Read every sign. Look for any notice on or near the machine, and check the main tariff board. Does it mention an alternative, such as a phone app or a different machine? Does it say anything about what to do if the machine is out of order?
• Check for alternatives. Is there a working machine elsewhere in the car park? Does the site accept payment by app? Our article on parking apps and broken meters looks at how those situations are usually assessed.
• Photograph everything. Take clear, timestamped photos of the covered machine, the signs, and your vehicle in its bay. Include wider shots that show where you are in the car park, so there is no doubt about the location.
• Note the details. Write down the car park name, the machine's location, the time you arrived, and any reference number or contact details on the machine or signs.
• Report it. If a phone number or online form is displayed for reporting faults, use it and keep a record. A report logged at the time can be persuasive evidence later.

If you decide to park anyway

If you cannot find any way to pay and you choose to leave your car, you are taking a risk. You might return to find a PCN. If so, the evidence you gathered becomes the core of any challenge. Avoid making assumptions about what the council will accept, and stay calm when writing in.

If you receive a PCN

• Do not ignore it. Deadlines matter, and a missed deadline can mean losing options.
• Check the PCN carefully. Confirm the location, date, time and contravention code are correct. Codes such as PCN code 83 (ticket not displayed in off-street bays) are common in car parks of this type.
• Challenge promptly and factually. Stick to what happened and what evidence you have. Explain that the machine was covered or unavailable, attach photos, and say what you did to try to comply. Our guides to informal PCN appeals and formal representations walk through the process.
• Keep copies. Retain every letter, email, photo and receipt.
• Escalate if needed. If the council rejects your case and you believe the decision is wrong, the Traffic Penalty Tribunal appeal route is there for a reason. For a step-by-step explanation, see our guide to navigating the Traffic Penalty Tribunal process.

What not to do

• Do not rely on what a warden or passer-by says informally about whether enforcement is "on". Rely on written signs and documented advice.
• Do not remove or interfere with a bag or cover on a machine. Even if it seems obvious that the machine works, tampering with council property is a bad idea.
• Do not assume that because one car park is not being enforced, the neighbouring one is the same. The council's own wording about "most car parks" suggests variation.

Looking ahead

Cases like this expose a practical weakness in the pay-and-display model. When machines fail, or are taken out of use, councils need a clear message to drivers about what they should do. That could be as simple as signage stating that the car park is free during the fault, or a prominent notice directing drivers to an app.

A few broader trends are worth watching:

• Cashless and app-based payment. More councils are moving away from traditional machines. That can solve the broken-machine problem, but it creates others for drivers without smartphones or signal, and for those who find apps confusing. We have looked at these concerns in our piece on cashless parking problems.
• Pressure for transparency. Drivers and campaigners increasingly expect councils to publish where machines are out of service and how enforcement is being handled in those places.
• Scrutiny of fairness. Where enforcement is perceived as inconsistent, complaints and appeals tend to follow. Councils that communicate clearly are likely to see fewer disputes.

For Swindon, the key question raised by the Advertiser's reporting is whether drivers can tell, at the moment they park, what is expected of them. If they cannot, challenges are likely to follow, and some may succeed on their facts.

Key takeaways

• A covered or unavailable machine does not automatically mean a car park is free. Check signs and alternatives.
• The council's statement that enforcement remained in place at "most" car parks means you should not assume any given site is exempt.
• Evidence is everything: photos, timestamps, notes and any fault report.
• If you get a PCN, respond within the deadlines and stick to the facts.
• You have independent appeal rights through the Traffic Penalty Tribunal if you believe a council has got it wrong.
• If in doubt, park somewhere you can pay, or contact the council before you leave your car.

This article is general information about UK parking rules and is not legal advice. If a significant sum or complex issue is involved, consider official guidance from the Traffic Penalty Tribunal or independent advice from a qualified adviser.