The Fates don't really scale by level. They scale by how many people participated in that particular Fate's last occurrence. So if noone participated in it prior it's going to be scaled pretty low for it's level range whereas if it was hit with a Fate party it's going to be scaled pretty high. This is true of all Fates, not just the NM Fates though the NM Fates are more blatant with the differences. If a Fate you're trying to do is kicking you around don't blame the level difference, blame the Fate party that steamrolled it previously.