Private Parking sign missed in NCP car park-any advice welcome!

simcroft

The ‘contractial’ sign was at the entrance and by the pay and display (that no one goes near if using an App obviously).
You can also see they use a variety of signage to indicate private bays. Some bigger, positioned lower, and with the NCP logo attached.

Guys_Dad

Here is the position. You parked in contravention of their rules and because they had signage that said you were entering a contract and further yellow prohibitive signs, you owe them a charge. It is not their fault that you did not take time and trouble to read things. That will be their position and they will win in court.

Unless..................you have some evidence to show that no contract was formed and that their signs were deficient or that, in some other way, they made a mess of the paperwork they sent to you.

Now, you can have a go yourself at making such a defence, or if you want our help, you need to give us photos of the wording on the signs because we can't help without any evidence to study.

So either send us decent easy to see photos or do-it-yourself (or pay up, because so far it looks like you will be on a loser).

Sorry to appear harsh, but sometimes a reality check is needed.

simcroft

Thank you for that GD. I am aware of my position hence why I was asking re worst case scenario. I have been very tempted to pay the fine due to a lack of time to be able to do anything about it. However, from reading the forum, I have been given the confidence to keep going, even if it does mean a judge orders me to pay. At least then I will be assured that this is a fair amount and that it is legal. (Also the thought of £100 of hard earned cash going to these rip off merchants makes my blood boil!)

I have tried to access the popla site to obtain the photo of the contract at the entrance to the car park but can not retrieve the photo they gave as evidence. As such I will have to get to the car park at some point next week to be able to take a picture myself and upload it here.

If NCP offered some sort of customer service line where you could actually speak to someone, I would happily offer to cover the cost of one of the private permit holders tickets if they had to park in a paying space, and a small amount in the way of compensation for the inconvenience. But NCP do not, so I can see my only option is to progress to court.

Guys_Dad

NCP won't try to help because they are on to a big fee from every driver that transgresses their t&c The same applies to all PPCs. Many don't charge the landowner for their "services" and their only source of income is from those who fail to follow their t&c. Some actually pay landowners for the right to charge the motorist.

So you need your own evidence. They won't make it easy by providing helpful photos. On the contrary, they will take the most favourable photos hiding their own less beneficial photos. You need to show the signs were badly sited, unclear, too small etc.

simcroft

Thanks again GD. I’ll take some pics of the entrance signage when I can and post them up.

Coupon-mad

so far it looks like you will be on a loser.

I disagree. I see signs that communicate no contract whatsoever.

simcroft

The ones by the space don’t indicate any contract but there are the usual signs by the entrance (that I will photograph and post when I can next get to the car park)

I’m just curious as to why the disabled and electric bays have signage that further indicates a charge is payable if you park there, as well as markings on the ground (much easier to see when you are parking a car) but the private bays do not. They don’t even have an NCP logo attached to them. Just makes me hope/think this could be a technicality I can get them on in court?

Coupon-mad

Yes, that's my point. The entire parking area says nothing about a charge for those bays.

This is far from a technicality, it's FUNDAMENTAL! There's no contract there (never mind the entrance sign not seen).

simcroft

The only part in their contract at the entrance that refers to these bays without naming them specifically goes as follows:

“a) you comply with all signs in the car park, including these Terms and Conditions board. b) Park within the limits of a bay. c) You do not park within a bay designated for a specific purpose when you are not entitled to do so (for example, and without limitation parking in a space designated for disabled persons without an appropriate disability badge displayed, and / or parking in a space for electric vehicles when you are not using the charging facility”

So the ‘without limitation’ basically! Poor IMHO! Whether this constitutes enough for a judge to be happy, who knows?!

Guys_Dad

Coupon-mad wrote: »

I disagree. I see signs that communicate no contract whatsoever.

Yes, because you have seen the signs. So far, we haven't and without photographic evidence, neither will any adjudicator or judge. So , until then, OP would be on a loser as they had no proof.