£5.80 charge for 8 minutes in a car park

claratastic

Hi,

I was charged £5.80 this morning for driving into and out of an NCP car park in Manchester.

I always thought you were entitled to a certain amount of time in a car park without being charged (say if you couldn't find a space, etc) so I was a bit shocked. I was in convoy with some relations who wanted to park there and didn't know how to get there and I couldn't have parked there anyway as the car park was full.

I have drafted a letter to NCP but I was wondering if anyone could offer advice on what my rights are in this situation?

Many thanks

Claire

rev_henry

Don't know so much about 'rights', but how long exactly were you in there for? I remember my dad once drove into a multistorey in Bristol by accident (don't ask!!!) and went and spoke to the attendant who just let us out.
I would have thought NCP would give you a refund, especially seeing as how they let you in when they must have known it was full. But on the other hand, why on Earth did you drive in when you had no intention of parking?

claratastic

I was in the car park for 8 minutes, I drove in because my aunt and uncle were driving in behind me and there was no where outside to stop and let them overtake with out creating a jam. They put up the car park full sign as I drove in, but I think my aunt and uncle managed to park anyway. I didn't really have time to stop and find a parking attendant as I was already late for work and was at the barrier before I found out I was going to be charged.

underlay_guru

NCP car parks have always been notoriously expensive, and thankfully they are no-where to be seen in my hometown: they are all run fairly and efficiently by the city council. I've gone through their T&C's with a fine toothed comb, and have found these are the most relevant:

Taken from NCP T&C's:


QUOTE"9. TICKETS
(a) The ticket issued to you is only valid for the vehicle in respect of which it is issued. A ticket (including a season ticket) does not entitle you, unless otherwise specified, to any particular space in the Car Park or to priority over other customers. Upon entry to the Car Park, if you are unable to find a space for your vehicle then you should exit immediately to prevent any parking charges from arising. "

....They do not give any set period of time as to when you must exit the car park. Most other non-NCP car parks give the vehicle 10 minutes (or 15 during peak periods) to exit the car park if a space cannot be found. You can easily argue to them that you left the car park as 'immediately' as you physically could! No-one simply drives into a busy car park for fun, do they? Simply stating you should leave immediately is an extremely vague rule and simply not good enough, NCP should have stated an exact amount of time after issue of ticket to when the charges begin to take force.


QUOTE"Our Responsibilities and Liabilities
7. We have an obligation to you, in return for the parking charge or charges paid or to be paid by you, to provide a space in the Car Park, if one is available, in which to park a Vehicle for the time allowed based on the amount paid or to be paid, and where applicable, use of a courtesy transfer service."

....ok, we know you didn't actually intend to park, but still, a space wasn't available, meaning they have broken their contract by taking payment without providing the services they are obliged to offer you.

In my opinion, you simply should not have paid, and refused to move your vehicle from the exit barrier until they let you leave (although I can appreciate you were late for work) I suggest you log a complaint with:


QUOTE "4. CLAIMS & COMPLAINTS PROCEDURE
(c) If you wish to make a claim or to register a complaint about the service that you have received please write to the Customer Services Department at National Car Parks Limited, 6th Floor, Centre Tower, Whitgift Centre, Croydon, CR0 1LP."

LinasPilibaitisisbatman

The big signs as you drive in will have clearly stated 0-2 hours £5.80.

They are no way bound by your wrong assumption and entirely allowed to charge you £5.80.

As your car drove in and made the sign go to full they may well have lost a genuine parker.

underlay_guru

LinasPilibaitisisbatman wrote: »

The big signs as you drive in will have clearly stated 0-2 hours £5.80.

They are no way bound by your wrong assumption and entirely allowed to charge you £5.80.

As your car drove in and made the sign go to full they may well have lost a genuine parker.

Whether the OP intended to park or not, there were no spaces available anyway, which means that NCP have taken payment for a service which they were unable to provide. This is breach of their own published contract, is it not?

jkdd77

This sentence: "Upon entry to the Car Park, if you are unable to find a space for your vehicle then you should exit immediately to prevent any parking charges from arising. "

suggests that NCP are in breach of contract- the OP did more or less exit immediately.

Also, as you didn't park, it could be argued that you didn't agree to any contract, in which case they have no right to charge anything- after all, the charge is for parking.

Threaten them with taking them to the small claims court- it sounds like you have a strong case.

claratastic

Underlay & jkd - thank you very much! I couldn't find any Ts& Cs when I looked, obviously didn't look hard enough. I'll send my letter and see what happens.

underlay_guru

LinasPilibaitisisbatman wrote: »

Yet the car that went in behind him got a space. :rolleyes:

The OP didnt even look for a space.

Learn to read posts before posting crap

It can very easily be argued that the vehicle behind could have taken a different route through the car park, and found a space first, or that the OP could have driven away just as another vehicle was beginning to leave, thus creating a free space for the vehicle behind.

Blimey, i genuinely make an attempt to assist someone who seems to be unfairly charged nearly £6 for a meagre 8 minutes of parking services, and you accuse me of spouting crap?

Get a life.

prowla

I have previously driven around a car park (genuinely) looking for a space and gone back out telling them that there were no spaces to park.
Perhaps simply having said that would have done the trick...

peter_the_piper

underlay_guru wrote: »

blimey, i genuinely make an attempt to assist someone who seems to be unfairly charged nearly £6 for a meagre 8 minutes of parking services, and you accuse me of spouting crap?
get a life.

Take no notice of him, thats all he does, never seen him actually help anyone yet.