QLD Private Parking Fines at Shopping Centre - What to Do?

[ker]

Hey people,

I've come on here just to try and get some thoughts on what to do.

I parked in a shopping centre in QLD and received a parking fee of $43. The parking was free and not pay and display. I noticed a sign yesterday about the conditions of the parking but the company name (Point Parking) is completely different to the company headed fine that was on my windscreen (Pripark).

As they were different, I ignored the fee thinking it was a scam but now have received a letter stating Australian recoveries & collections are involved and the fee is now $98. Are they able to take me to court? If so, will my argument of a different company name on the signage stand?

Thanks in advance

 

[Sophea]

Hi Ker,

What was the parking condition that you allegedly breached to incur the fee? Sometimes carparks have another company manage their carpark security. I wouldn't think that a different name on the ticket would be grounds to avoid the fine. You could ask them for evidence of the condition breach that led to the fine. I would cut your losses and pay it - just my opinion

 

[Murray White]

Ignore all private parking company breaches, file all letters, including letters from solicitors and debt collectors. These letters from a 'solicitor' were actually written and sent out by the private parking company's itself just using the solicitor's letterhead with the private parking company's phone number, apparently with his permission. There have been complaints to the Law Society as well. The debt collectors are actually the private parking company themselves -they own the 'debt collection' company. They're a bunch of crooks so don't waste any time dealing with them.

Any tickets given are "penalties" therefore unenforceable; they can only recover a business loss. If there is even 1hr free parking, they cannot prove they suffered a loss. This point seems to escape private parking companies.

These so-called contracts between car park operators and their customers fall under the unfair contract term provisions of the Australian Consumer Law. They cannot issue fines, invoices etc for an arbitrary sum, they only recover any actual loss.

Legitimate carparks have boom-gates and pay on exit and don't issue breaches and the like. The way things stand in Australia, private parking company's will find it virtually impossible to claim any money (i.e. Liquidated Damages) from breach of contract in a "free carpark".

Never ever appeal on getting the breach saying you are the driver as this gives the private parking company exactly what they need - who the driver was. If you have to write to them, wait for the demand letters to start, then send them a cease and desist letter. Remember private parking companies may be able to find out the registered operator of the car, but finding out the driver on the day is another matter for them ... and you are not obliged to tell them either, it is their problem, not yours.

 

[smithy]

Does this include all states? My daughter drives a vehicle registered under my name. She has 3 x 'infringements' from Buranda Shopping Centre Car Park in Brisbane Qld which is controlled by Traffic Management Services. They have sent a letter of demand for payment.

I read a blog on another site which suggested to send them a letter asking for information surrounding the offence. They have replied with photos etc but they still have no proof of who was driving. I don't know whether I should just forget about it, I'm worried the fines will keep increasing.

 

[Sophea]

Check out this article:
Private Car Park Fines - Know Your Rights - Legal Blog - LawAnswers.com.au

 

[smithy]

Thanks Sophea,

I've actually read that before. Im just still not sure what action to take. According to that article they can legally issue breaches, but as they don't have any legislative authority to make me identify the driver, they cant prove who in fact committed the breach.

I'm just sick of these companies trying to issue ridiculous fines. Thinking of giving them a run, not sure it's worth the battle.

 

[Rod]

not sure it's worth the battle.

This is one the key underpinnings of their business model.

Though I also don't condone people who continually abuse a scarce resource (free parking) by overstaying, though this is tempered if the car park never fill up in which case it can be argued the resource is not scarce. Not sure what the situation is here.

 

[Rob Legat - SBPL]

This might be worth a read for your information: Private car parking fines - Consumer Action It's from Victoria, but may have some useful pointers for you.