NCP Autopay Deactivated. Parking Charge Notice to Keeper

mediumbstardamber

Good morning all,

Looking for some advice/confirmation of my thoughts on the below…

I parked in one of NCPs central Manchester car parks a few weeks ago. Whilst I have been a regular user of NCP in the past, it’s probably been a year or so since I’ve used them. I have been signed up for autopay on the app and have the MANCSAVER discount loaded. 

Having used this in the past with no issues, I parked in the car park and went off for the day. Came back and thought nothing of it. I noticed that they hadn’t taken payment when looking at my bank account a few days later. I contacted NCP on the app chat function. The confirmed that autopay had been disabled for all users and that I could use the pay later functionality to settle the charge. I went on this but rather than the £9.95 all day charge with the discount code it was asking for the full rate of £34.95! Back to chat, won’t discount and in the meantime the deadline for pay later has expired.

Parking Charge Notice to Keeper received in the post attached. I’m inclined to appeal on the basis of not being obligated to identify the driver under POFA, as such is the notice to keeper POFA complaint? Please let me know if I’m missing anything obvious or going down the wrong track. Perfectly happy to pay the £9.95 I was expecting to pay, but utterly frustrated with NCP’s failure so far to act with any pragmatism. Thank you in advance. 

Coupon-mad

Ignore it. Defend in court later. Traders can't deactivate a method of payment without prominently informing users.

fisherjim

Did you keep the chat transcript they have shot themselves in the foot with that one.

mediumbstardamber

fisherjim said:

Did you keep the chat transcript they have shot themselves in the foot with that one.

I have the transcript. On what basis have they shot themselves in the foot?

fisherjim

mediumbstardamber said:

fisherjim said:

Did you keep the chat transcript they have shot themselves in the foot with that one.

I have the transcript. On what basis have they shot themselves in the foot?

"The confirmed that autopay had been disabled for all users"

If you had no prior warning and had been using it successfully before this is not on as Coupon-mad has stated.

Coupon-mad

You could try a complaint to Trading Standards because to disable a continuous payment method for registered users without telling them (and those users would never need to read signs, due to the automated payment system they had an expectation to rely on) is likely to be an offence.

It's almost certainly a 'misleading omission' under the CPUTRs.

Car1980

Email appeals@ncp.co.uk instead of going through the website chat monkey.

They cancelled my PCN for a very similar issue.

Don't call it an appeal though - say you dispute their invoice for the reasons you have explained

mediumbstardamber

Car1980 said:

Email appeals@ncp.co.uk instead of going through the website chat monkey.

They cancelled my PCN for a very similar issue.

Don't call it an appeal though - say you dispute their invoice for the reasons you have explained

That’s my intention. Just don’t want to prejudice any other options should they stonewall the appeal.

From my albeit limited knowledge and research on the subject, the key seems to be withholding the driver details under POFA - in this regard I plan to acknowledge the notice to keeper and as the keeper (but not necessarily the driver) offer payment of £9.95 in full and final settlement. All I want to make sure is that by doing this I don’t close down other avenues of appeal if they reject at this stage. 

Coupon-mad

Coupon-mad said:

You could try a complaint to Trading Standards because to disable a continuous payment method for registered users without telling them (and those users would never need to read signs, due to the automated payment system they had an expectation to rely on) is likely to be an offence.

It's almost certainly a 'misleading omission' under the CPUTRs.

Include the above.

mediumbstardamber

Could someone comment of the POFA element. The car is owned outright by myself 

G6PRK

Yes, you could rely on POFA too. 

The most glaring failure to me is: 

Failure to specify the actual “period of parking” (9(2)(a)) – The NtK provides only ANPR entry and exit times rather than a clearly defined period when the vehicle was parked. PoFA requires the actual period of parking to be specified, not just movement in and out of the car park.

You could also argue: 

Failure to describe how the contractual terms were brought to the attention of drivers (9(2)(c)) – The NtK does not explain how the terms and conditions were made clear to the driver, such as details about signage placement or clarity.