Should I accept this offer?

Nylamummy

I parked my vehicle in an NCP car park in Bromley back in October. I parked up and booked into our hotel, then a couple of hours later left in the vehicle to go and see a show in London, returning just before midnight and leaving the following day around 12.30pm (total hours parked under 24 hours) - I have parked in NCP car parks before and they automatically take payment from my account with Autopay. 

Anyway, I noticed nothing was taken from my account, and a day or two later I received 2 x PCN’s. I contacted them and advised that I am registered for Autopay and was expecting the money to be deducted automatically via number plate recognition. 

They said that number plate recognition had been stopped at all sites in October 2023 and customers were advised by email - the PCN’s were valid. 

I disputed this based on the fact that I had used Autopay at the end of October 2023 and payment was taken/accepted. I had used it once since, but that was in an underground NCP parking lot, so that was paid at the barrier, as I was unable to load the App. 

Also, on their current APP FAQ’s there is no mention of Autopay being stopped, in fact, it reads like it is still in use. 

Lastly, I did not receive any emails advising me - I have numerous emails from NCP some dated before and after October 2023 - non refer to the cancellation of the Autopay service. Also, no signage in site mentioned Autopay. 

They responded to my PCN dispute, reducing the £100 fine to £20 (total £40 over both PCN’s). However, I still feel this is unfair, as I am still paying over the odds for parking at that site. I am happy to pay the current parking fee - which would be under £20.

Would you respond with this offer or just pay the £40 to get it resolved. I am a single mum - so even though £40 is a huge reduction from the initial £200 fine over both tickets - it is still a lot of money for me.

many thanks in advance x

Half_way

Please tell us about the fine, including any documentation that you have that specifically mentions the word "fine" or "Penalty"

Car1980

It won't do, that's just a colloquiallism. 

How much exactly would you have paid to park if their system had worked? 

Nylamummy

It would have cost £10 for up to 24 hours (I did leave and return within that time) - so maybe slightly more if taken as two separate parking slots

Coupon-mad

I wouldn't pay it.

I'd add, IMHO nor would Martin Lewis, if you go by the MSE Guide linked at the top of the page with a clear message NOT to pay unfair private PCNs.

ML himself checked it this Summer.

If NCP want to try a small claim, honestly, let them! Claims are ten times easier to deal with than any 'appeal'. We do these defences every day.

No CCJ is ever risked as long as people don't do something daft like ignore a claim form or move house without telling the scammers.

See the NEWBIES thread post 4 & post 2. 

Nylamummy

This is the letter after appeal - I had one letter per PCN, so two offering the same offer. The deadline date has been extended to mid December to pay the £20 charge. 

Coupon-mad

Forget the deadline. Go into ignore mode.

Nylamummy

Would the fact that they have offered to resolve the PCN’s at a discounted price of 80%  work in my favour if it goes to court, and I can provide these letters as evidence? 

I have also considered counter-offering the actual parking fee of £10 - which I would have paid anyway on the day to resolve this issue. I am not denying that I parked there - it’s just that it was not clear that Autopay was not functioning - so I expected automatic deduction from my bank account. 

Or ignore like you advise? 

Coupon-mad

It probably won't go to a hearing even if you get a small claim, which is rare from NCP.

I would ignore.

(Obviously tell them if you move house).

This is squarely their fault!

on their current APP FAQ’s there is no mention of Autopay being stopped, in fact, it reads like it is still in use. 

Clearly unfair, with knobs on, and in clear breach of the Consumer Rights Act 2015 to 'pull the rug' on an autopay service unannounced, without bending over backwards to proactively, repeatedly and prominently (in more than one way: signs, emails, texts, adverts, etc.) strive to alert the thousands of subscribers who were reasonably relying on this ongoing contract they'd signed up for.

Loads of people have been caught out by this in the last 2 years. You are not alone.

It would be no different than your phone provider suddenly issuing you with two bills for £100 a day, saying "oh didn't we mention? We unilaterally suspended the provisions of your phone contract so you must pay us £200. What do you mean you aren't happy with that? Alright then...let's call it £40. Not your fault? How could you have known? Tough. Not our problem mate."

There isn't a judge in the land who would let that get past them!

Hmmm... except Lewes' HHJ Simpkiss in my experience ... sigh ... he of the admitted "complete lack of contract law experience" and full reliance on whatever old rubbish OPS (a notorious clamper parking firm)'s barrister spoonfed him. That circuit judge's astonishing lack of understanding of the evidence, facts, KADOE and applicable rules of law (as well as believing a letter sent to him before the hearing which wasn't shared with the Defendant) cost a 70 year old lovely lady over three grand (in fact, we crowdfunded & paid her most if it).

Never forget. OPS take credit: that PLAINLY WRONG fudgement just spurred me on and the local Brighton judges ignored it, so in many ways ever since, the biter was bit.

Anyway no OTHER judge would fall for it.

Tell NCP to go swivel.