Private carpark ticket help

[Graybags]

This is the way we found the car with "fine"when we got back from shopping. Nothing moved or touched.


Did you read the "Gesture of goodwill"bit. What a joke but my pregnant wife isnt laughing as it is in her name and is worried about further action but also doesn't want to give in.
I would pay the "fine"if we deserved it but you would have to be blind not to see it.
I have been reading on a legal forum but it goes on for dozens of pages over years and no one has recieved the letter we have after trying to dispute it.

[Calais]

It would appear that you have no legal responsibility to pay the "fine". Just like they have no legal authority to recover payment either.

[Mrk_Mickey]

Wow, a photo like that either says these guys are just blatantly scamming, or they've hired an incompetent babboon.

Send them the picture and ask them for a written explanation of ''how the **** you could be fined'' ! hahaha.

[Calais]

Wow, a photo like that either says these guys are just blatantly scamming, or they've hired an incompetent babboon.

Send them the picture and ask them for a written explanation of ''how the **** you could be fined'' ! hahaha.

Watch the ACA clips on this scam and see what kind of dim witted asshats this company employ.

[GTom]

This is a common (or starting to become a common thing)

When entering a carpark you have to take a ticket which allows you x hours free, after that you have to pay.

If you don't have a ticket that issue you a Tax Invoice as you have violated the terms of entrance/use of the carpark.

If you don't pay it the invoice can be taken on to a Debt Collector (which you cannot take to court) They grab your details from the RTA, RTA took this matter to court about 12-18 months ago and lost as they did not want to pass on your details on.

It's very shonky, I really can't believe they allow this practice to occur!

Normally when an Parking Infringement (or any infringement) in NSW goes like this:

1- Infringement issued with in statutory limit (generally 6 months period from time of offence (yes you can be booked for parking illegally up to 6 months after doing it))

2- Infringement gets passed on to the SDRO who is responsible for pursuing the infringement further and also looks after representations etc.

3- If it's not actioned within 3 weeks a reminder notice gets issued

4- If it's not actioned within a further 3 weeks an enforcement order gets issued +$50

5- If it's not paid or you still have not elected to take it to court you registration gets cancelled and you drivers licence suspended until payment is received. +$20

[Calais]

The difference between a state/local government enforced parking offence, and the one described by the O.P is this;

1) Government enforced offences and the recovery of debts framework is very specific, and you can write letters, stat dec's or phone to speak to people.

2) Dodgy Pr*cks inc, has no framework in which to collect the alleged debts, and no leniency whatsoever. They are sending out debt notices over two years old in some cases, and with errors pertaining to dates, times, rego numbers, vehicle types and locations. These are errors which nullify state and local goverment enforced fines.

3) Dodgy Pr*cks inc, are charging more than what a reasonable person would deem appropriate in the circumstances.

4) Signage and the ability of the general public to interpret and understand the alleged contract being entered into are totally different. Councils typically notify citizens of intention to apply laws pertinent to traffic management via various methods, signage, clearly identifiable parking rangers, and published notices. Dodgy Pr*cks inc, do not. Some wanker in a vest is not a clearly identified ranger, and if I caught them near my car, a hockey stick through the shoulder blades will negate any fine.

5) Dodgy Pr*cks inc also HAVE NEVER undertaken the services of the State Debt Recovery Office or the NSW Sheriffs Dept. (Freedom of information is a wonderful thing) Thus making their claims for debt recovery frivolous. (As for Victoria, I don't know)

6) Dodgy Pr*cks inc are self regulating. Which state and local governments are not.

7) When an organisation draws the attention of more than one State's consumer rights office, that in itself indicates the severity of the complaints.

[Graybags]

So are you saying I should ignore their requests from now on?
I tell you when I fount the "fine" under the wiper my temper started to get the better of me. Almost tempted to wait for him to rear his/her head. Why don't the youths looking to bash someone pick on these guys? I would condone it!

[Redman]

I wouldn't complete a stat dec - as they say that making a false declaration is a criminal offence.
You didn't do anything wrong, and you have the evidence to prove it.

I would write back and state that their "form letter" that they sent you did not address your situation as stated, as there was nothing wrong with the ticket machine, which you used and displayed a valid ticket in the manner as described in the terms and conditions. Also state that you have evidence to prove this (but don't tell them what it is) and that you consider that this matter is closed, without paying any sum for an alleged offence, and if they wish to proceed with recovery of the sum for the alleged offence, they should contact your solicitor in the first instance.

They will need to prove that you parked contrary to the terms and conditions, which you didn't, so they have nothing.......

[K1W1]

It's a con they have lost every time they have gone to court in Vic from what I've been told. Ignore them.

It's interesting that these things only happen in the northern and western suburbs of Melbourne. They know that if they tried it in the more legally aware east they would have their a*&$s sued off by some lawyer who's Mercedes they had ticketed.

[mikinoz]

Fill out a stat dec and send them an invoice for your time, as they have requested you fill out the stat dec, do so at your nominal hourly rate of $145 ex GST.

This stat dec should state that you will if this matter is not resolved pursue the Care Park infringement officer for also tampering with your parked car windscreen wipers that are now 'malfunctioning'.

I love this, all over $88, I will send you $8 for the entertainment value of this.