Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Amwell44 on June 03, 2025, 02:01:59 pm
-
It does have flaws, it was just an illustrative one to show what NCP will seek to argue. Arguing you "did not take anything tangible" will not fly on its own. The driver received a service - parking.
As noted, the 'frustration' argument is made difficult by the fact that the driver knew at the time they formed the contract that they were unable to comply with the terms and make payment, yet chose to park anyway.
We're on your side, but you need to help us to help you. Without the documents we cannot advise.
There may be technical arguments that work in your favour. Copies of the notice, your appeal, and the signage would all be useful. As I mentioned, for those up for a fight, NCP can often be beaten.
-
The Tesco analogy has flaws. There would be another ready means to pay, or someone to consult and I did not take away anything tangible. I had a brief call to make close by and at age 80, I'm not inclined to conform to the ridiculous.
-
No notice displayed with 'phone number to pay and I don't have apps on my mobile. No one present suggested an alternative way to pay for parking. I was only there for 25 mins.
-
Yes, please show us all relevant documents and information you can, as outlined in the Read This First post above.
-
Just note that frustration of contract won't fly here. You had the option of paying using the NCP app for a start.
-
Thank you.
The car park is 'pay on entry'.
I don't have a copy of my online appeal to NCP, but it was substantially as I have stated, with an additional comment the contract was frustrated. I have a copy of the renewed appeal reproduced on the response from NCP, I could scan and forward.
-
Welcome to FTLA.
To help us provide the best advice, please read the following thread carefully and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide (https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/). We'll also need to see exactly what you submitted as your appeal.
Was the car park 'Pay on Arrival' or 'Pay on Exit'? If the former, NCP's argument will be that when the driver realised that the machine was not working, he should have left, and that much like a broken till at Tesco doesn't entitle one to free shopping, a broken ticket machine doesn't entitle one to free parking.
NCP can usually be beaten with some effort, though, so let's see the info and we can go from there.
-
On 21st March 2025, I parked my car at the Brunel Centre in Bletchley, Bucks. at 13.05 pm. On approaching the sole ticket machine, situated outside the car park, I met a cluster of people who had found the machine was out of order, as indeed it was and no ticket could be purchased. I went about my business and returned and left the car park at 13.30 pm. On 01 April 2025, a PCN was issued by National Car Parks Ltd (NCP) demanding £100, discounted to £60 if paid within 14 days.I appealed, but the decision (negative) was not received and a Final Reminder was issued by NCP on 22 May 2025. On renewed appeal, the discounted rate was reinstated to expire on 5th June 2025. My appeal on the facts was rejected, with comment to the effect the ticket machine is maintained by the Local Authority, not NCP. I consider this to be unfair, as there was no practicable means of paying for parking on the date and at the time in question.