NCP - Advice for technically overstaying

mysteriousbacon

Hi, I’m looking for some advice about a Parking Charge to Keeper I received. I have appealed and that appeal was rejected but they seem to have reduced the “discounted” amount to £20. 

The notice shows the ANPR cameras pick up the car entering at 17:57 and leaving at 23:39.

A parking ticket was bought at 18:02 for £4 and lasting until 23:02. 

The problem is, the car park has a night rate of £1.50 to park between 18:00 - 6:00. This night rate was not offered at the machine so a more expensive ticket was purchased. 

So my question is should I just pay this? The car was in the car park for 40 minutes longer than the bought ticket. But the driver expected to only pay £1.50 for the entire night but could not as the machine for some reason wasn’t offering it as an option. 

A friend who also parked there on the night for the same length of time paid the expected £1.50 through the NCP app and has not had a Parking Charge. 

It feels so unfair to be penalised for not being able to buy the cheaper ticket for the longer amount of time. 

Any advice would be appreciated. 

Thanks 

Car1980

You have been penalised for different reasons though. They can charge different amounts for those entering at different times if they want. It's a red herring. You might as well argue that they shouldn't be penalising anybody because they could just retrospectively invoice people for the time they should have paid. That's why it's all one big scam.

Don't pay, but check the signage if you can because the phrasing sounds like there might be holes in the contract if they are offering different tariff entry times.

NCP tickets eventually get sent to Moorside for a court claim and discontinued a few months after filing your defence online.

Coupon-mad

I agree with the OP. They didn't underpay and should have been offered the night rate.

DO NOT PAY.

Put a complaint in (not another appeal) and tell them you will report them to the BPA for charging more than the advertised rate. 

Car1980

Well, it depends on the signage. 

£5 for 5 hours 9.00am - 6.00pm
£1 night rate 6.01pm - 8.59am 

is a legitimate pricing structure if it goes off entry times, but needs to be communicated well and in a way that doesn't contravene the CRA. 

We need to see exactly what they are offering.

Coupon-mad

"is a legitimate pricing structure if it goes off entry times,"

I don't agree because that would contravene the test of fairness of contract terms. It can't possibly operate that way for drivers arriving three minutes before. There must be time to park then read the signs then pay (the NCP v HMRC 'green button' finding).

The fact the app changed to the new tariff at 6pm for his friend shows how it should work.

mysteriousbacon

Thank you for the advice, these are the charges according to the website:

I don’t have any photos of the signage in the car park since I haven’t been back. And I didn’t take any while there when it wasn’t offering the right rate because it was during Storm Claudia and the rain was horizontal. 

I will put in a complaint to NCP. 

Gr1pr

mysteriousbacon said:

Thank you for the advice, these are the charges according to the website:

I don’t have any photos of the signage in the car park since I haven’t been back. And I didn’t take any while there when it wasn’t offering the right rate because it was during Storm Claudia and the rain was horizontal. 

I will put in a complaint to NCP. 

Then name the location, check GSV etc