Court Claim - NCP - Moorside Legal

RandomGuy2024 · 22 April at 11:33PM

Hi,

At the Court Claim stage now, does the below seem acceptable to add for my paragraph 6?

· Particulars of Claim

o Point 1: Address of Car Park is incorrect, it cannot be in the City of Salford and in the City of Manchester

o Point 2: The Parking Charge Notice cannot be issued on the same day as the Parking Charge as the driver is given up to 72hours after parking to pay.

The parking took place on 01/03/2024 therefore the Parking Charge could not be issued until at least 03/03/2024

o Point 3: Breach of the Terms on NCP Signs - Signage provided by NCP is incorrect and not representative of signage in the Car Park

o Point 4: NCP Terms & Conditions do not state payment of a Parking Charge Notice is required within 28days

· Claimant’s Evidence Checklist (see NCP – Evidence Checklist.pdf), provides pictures of signage from Pg.13 – Pg.18. These pictures are incorrect and are not representative of what is actually visible on site.

o Pg.13 – Car Park Name sign - shows the name of the car park from the right hand lane, driving into the car park in the left hand lane, the name is not visible. (see picture 1)

o Pg.14 – Terms & Conditions sign – Isn’t readable in their own Evidence Checklist and is not the Terms & Conditions on site (see picture 2)

o Pg.15 – Ticketless Car Park sign – Is not the actual sign on site (see picture 3)

o Pg.16 – Ticketless Car Park sign – is hidden behind another sign (see picture 4)

o Pg.17 – ANPR sign – Is pinned on the left hand side opposite 2 more signs expecting you to read all whilst driving through tight bollards (see picture 5)

· Claimant’s Evidence Checklist (see NCP – Evidence Checklist.pdf) Pg.3 states "The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you.” – It is impossible to carefully read the Terms & Conditions provided by the Claimant within the grace period (see picture 2)

· Claimant’s Evidence Checklist (see NCP – Evidence Checklist.pdf) Pg.3 states multiple inaccuracies:

o “The amount being claimed is justified given the running costs of managing our parking operation” – If this was indeed true, every car parking at full cost £24.95 would be an approximate 300% loss

o Clause 5 - Paragraph 5d “you pay all amounts due for your parking and comply with the requirements set out at clause 10 (Ticket Types and Payment Methods) of these Terms. For the avoidance of doubt, if you choose to pay the parking tariff by using the “Pay By Mobile” service, the payment must be made at the time of parking your vehicle in the Car Park and in any event, before you leave your vehicle in the Car Park.”

This is incorrect, Clause 5 – Paragraph 5d actually states “if you are a permit folder, you must display a valid permit at all times within the front windscreen ensuring that all details are visible”

o Clause 10 – Paragraph 10a “you must purchase a parking ticket from the ticket machines at the Car Park either with cash or a credit/debit card, before leaving your vehicle and ensure that the parking ticket is clearly displayed in the windscreen of your vehicle."

This is incorrect, Clause 10 – Paragraph 10a actually states “Pay & Display - you must purchase a parking ticket for the amount of time for which you would like to park from the ticket machines at the Car Park a credit/debit card, and”

· Car Park Location Code which is required to book parking via the NCP App is not visible in the Car Park.

o App specifically states “Attention: Please check location number above matches location number in the car park you are in” (see picture 6)

· NCP Terms & Conditions, under section 10. Tickets and Payment Methods, subsection f states payment by AutoPay is accepted.

o AutoPay has been in “Maintenance” since 6th November 2023 with a temporary A frame sign (see picture 7) adding even more signage to the entry of the car park (see NCP – Important AutoPay Update.pdf)

· Accessibility – Push buttons for operating automatic doors are broken on every floor (see Video 1, Video 2, Video 3 for examples).

o This is contravention of the Disability Discrimination Act (DDA) and the Equality Act 2010

· I believe there are two possible reasons for payment not being processed and I thinking it had.

o Whilst paying via the NCP App, I have had to put my phone away to be able to open the heavy doors because the Push Button for the Automated Door is broken

o Whilst paying I have entered the lift and it has timed out whilst payment is processing and I haven’t seen it

Thanks,

RandomGuy2024