NCP Barrier Controlled Car Park Pricing Issue

Ditzy_Mitzy

My friend recently parked in a barrier-controlled, pay-on-exit NCP car park.  The car park has a number of large signs at the entrance displaying the various tariffs applicable to parking, which can be read prior to driving up to the entrance barrier and taking a ticket.  Said signs (I was there and have seen them) state that up to four hours' parking at the ordinary day rate was £9.80, however a 'night rate' of £4.95 was applicable for entry at any point after 5 pm and exit prior to 11 pm.  My friend parked at 7.15 pm and returned to retrieve his car at 10.45 pm, in compliance with the stated conditions of the 'night rate'.  When he returned and put his ticket in the machine to pay, he received a demand for £9.80.  He then contacted the car park's control room via the telephone built into the parking machine which, incidentally, had a further copy of the parking tariff attached to it confirming the 'night rate' of £4.95.  

The control room staff member explained that the 'night rate' was no longer in force, and that my friend would be required to pay the 'day rate' for the parking.  He argued the point, explaining that there were numerous signs in the car park confirming that the 'night rate' was still offered.  The staff member said that the signs should not be there and then hung up, my friend telephoned back and spoke to someone else who wasn't helpful and, finally, in frustration, paid £9.80 and left the car park.  He had to pay to get out, as otherwise his car would have been trapped in there indefinitely.  One of the staff spoken to did suggest that my friend should email NCP and complain, if he felt motivated to.

The consumer rights and legal side of this is what I am not sure about.  I am aware of the 'invitation to treat' principle applicable to retail transactions, i.e. a shop doesn't have to sell something at the advertised price, but am unsure if that can be relied upon for a contract for a service already provided.  The contract to park would be formed, I assume, by pressing the button to initially obtain the ticket on entry, the decision to enter that contract having been made further to reading the tariff outside the car park entrance.  NCP's justification for charging more, which seems to be pricing error, doesn't seem to be good enough in the circumstances.  Invitation to treat is all well and good when the opportunity exists for the customer to not proceed with the transaction, or to negotiate further.  Here we have a situation where further negotiation was impossible and the service had already been provided.  Has anyone any thoughts?

Note: also on Consumer Rights board as this question seems to fall between two stools.

Coupon-mad

I think this looks like a scam and feels like a scam so we would declare it is one!  Under the Consumer Rights Act 2015 Consumer notices (signs) and terms must not be misleading. 

Under the doctrine of contra proferentem (also mirrored in the CRA 2015) any ambiguous term MUST be interpreted in the way that most favours the consumer.

I suggest the driver goes on the British Parking Association (BPA) portal and complains about this, ideally with photos. The BPA will then take the complaint up with NCP.

fisherjim

I would also report them to Trading Standards, these idiots hide behind their terms and conditions and "clearly displayed signage throughout the site" mantra all the time when it suites them.

https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Galloglass

fisherjim said:

I would also report them to Trading Standards, these idiots hide behind their terms and conditions and "clearly displayed signage throughout the site" mantra all the time when it suites them.

https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Or you could report the misleading signage to the British Parking Association. Ask them

1. How long do BPA members have to change signs once there is a tariff change
2. When did this tariff change
3. How many motorists have had to unlawfully pay the additional amounts (Shoe Lane Parking etc)
4. Will NCP be sanctioned.
5. When will everyone affected get refunds.

Give them something to do, and then go back to TS

Ditzy_Mitzy

Quick update: saw my friend the other day and he has decided not to bother pursuing the matter.  He did, however, find the advice given here interesting as he had no idea civil law could be so complicated or far-reaching.  Thank you all.

Coupon-mad

Ditzy_Mitzy said:

Quick update: saw my friend the other day and he has decided not to bother pursuing the matter.  He did, however, find the advice given here interesting as he had no idea civil law could be so complicated or far-reaching.  Thank you all.

But he and you are ready to respond to the Public Consultation in the New Year about the level of parking charges and banning the false DRA fees?

Fruitcake

By letting this go all your friend is doing is sweeping this under the carpet and allowing the unregulated parking company to do it again.
Next time if might be a £100 charge, not a tenner. Worse still it could be a CCJ in years to come if they move and the PPC issues a court claim without their knowledge and obtains a default judgment against them, or against another family member.

The industry works on fear and apathy from the motoring public and will continue to do so until more people stand up to them.