NCP NTK, machine out of order

zoot1

The driver parked in Manchester Central car park (NCP) overnight. There was a sign on the ticket machine that it was out of order, and the payment periods were greyed out. They were unaware of any clear signage informing them of any alternative method of payment or what to do. A search of the NCP website failed to show any help centre items when searching" out of order". The NCP webpage for that site has no mention of a pay later option. It mentions Autopay, which appears a complicated, time consuming set up, that you must do before you leave the car park.  They phoned customer services, but hung up after 20 mins, assuming they were closed on a Saturday. They walked around the floor, but couldnt find another machine, and looked in the same location on another floor, but there was no machine. They took a photo and left. We have no signage photos and live a long way away, so cant go back.

I anonomously rang customer services and it took 3hrs to answer!  I asked about a ficticious situation where my wife found a machine out of order, what should she have done, and they said there is the option to pay later (within 24hrs) and signs will have been present.

Having read Newbie advice I will submit the blue template (without the overstay or record of payments bits) and intend outlining the out of order machine.

1. I will stress that they could not find another machine, and did not see clear signage of what to do if a machine was not working.

2.We expect the employee who put the hand written notice on the machine to add detail of how else to pay.

3.Their website offered no advice, and doesnt mention the pay later option. Their customer service line is not answered in a reasonable time.

4.The amount claimed is an unlawful “penalty”,- charges must be a genuine pre-estimate of loss, or actual damages caused

Does this seem the best way forward or should I add/remove something?

Coupon-mad

Why didn't the driver park on street by finding a side road, given the permit and other bays - and single yellows - will have ended their restrictions by the evening?  Even in London you can park on street.  I am saying this to try to stop people thinking they need a car park to park their car.  I've lost count of the number of cases we see where the first thought is - why did you drive in and/or why did you leave your car there at all, given you could have parked on street and never risked any PCN because local authorities can't use cameras for it (quite right)?

I know that doesn't rescue this case but parking on street should be the driver's aim, in future.

You will lose this appeal at POPLA and certainly can't say this! 

4.The amount claimed is an unlawful “penalty”,- charges must be a genuine pre-estimate of loss, or actual damages caused

If GPEOL was still a thing, the newbies thread would use it (GPEOL went out in 2015 with the Beavis case).

Have you checked the NTK against the POFA, as the NEWBIES thread tells you to do...maybe it's an easy win due to being non-POFA in wording, given NCP don't use direct post, they use the Delivery Group which delays the process of the letter going into the Royal Mail system by several days.  Did you keep the envelope?

D_P_Dance

WRT the macine being out of order, frustration of contract may apply, read this,

https://uk.practicallaw.thomsonreuters.com/Cosi/SignOn?redirectTo=/9-107-6607?transitionType=Default&contextData=(sc.Default)&firstPage=true

There is nothing unlawful here  and GPEOL has been overtaken  by Beavis v Parking Eye, read this and complain to your MP.

https://hardwicke.co.uk/the-law-on-penalties-after-parkingeye-v-beavis/