NCP have disputed my appeal! Advice please

beardschool

About a month ago I parked in an NCP car park and both of the pay and display machines werefaulty and I was unable to pay for a ticket to park.

Two other couples who had parked in the car park also had this problem and were unable to pay for their tickets. The machine asked for me to type in my registration number but failed to recognise anything typed in or accept any coins I put in.

No parking attendants were about to lend some assistance and I attempted think that the penalty notice was issued incorrectly.

I spent at least 15 minutes attempting to get the machine to issue me with an appropriate ticket which meant I was late for a wedding ceremony I was attending so I left my car there for an hour, hoping to speak to an attendeant when I got back.

I've explained this to NCP but they insist that an inspector checked the machines and they were working, therefore they want me to pay the fine.

I don't think I'm being unreasonable to expect them to forget the fine. Does anyone have any advice about what I could do next? I'd be really grateful!

pogofish

Try reposting this in the parking forum, there are plenty of folk with good advice there.

beardschool

Sorry! Will do.

pogofish

I've not gone up against NCP myself but I have had a ticket overturned where I failed to find a working machine in the same restriction zone & ended-up paying more for one from the neighbouring zone (not that I knew that at the time).

I went back (on two wheels, no paying again ) to take a few photos & eventually found another working machine in the original zone but it was waaay down the street & partially overgrown by bushes, whilst the machine in the next zone was clearly visible from the faulty machine & only a few seconds walk away. No problem with the appeal then.

I would be tempted to call their bluff & ask for this to go to court - esp as you took reasonable steps to find another machine & can describe your actions pretty exactly. Were those other couples at the wedding & could they maybe contacted for evidence?

Or are NCP another of those firms who just badger you with threatening letters & seldom if ever take action? No doubt other posters can clarify this?

Crabman

Hi beardschool,

I've moved this over to the Parking Board so no need to repost

sarahg1969

OP, was this a private NCP car park or were NCP acting as agents of the local authority?

beardschool

Thanks for being so helpful everyone.

As far as I know, the car park is a private NCP car park. One of the other couples went to the wedding so I'll try to find out who they were (it was a big wedding) and see if they will back me up, I'm pretty sure they had a ticket too.

I didn't expect compliments and roses from NCP but the letter they sent was quite rude in tone and this makes me even more eager to make them see sense!

sarahg1969

Unfortunately, now that you've written to them, they have you hooked andf will continue to harass and bully you.

Firstly, you have not been fined. You have been sent an invoice, which is no doubt a penalty for breaking the terms of the contract.

They are not entitled to a penalty payment under contract law. They are entitled to payment for their losses, which in this case is the amount of money you would have paid to park.

Feel free to send them a cheque for £1.50 or whatever it was.

beardschool

Excellent! I'll do that, thank you.

Neil_B

Well maybe but this bit worries me?

beardschool wrote: »

As far as I know

Is it or isn't it. Does the ticket mention any legislation or a Council anywhere?