Avoid BP Coomera Qld: Parking "fine" for sleeping in car

[Deactivated] on 07/09/2015 - 15:38

I drove Syd to Bris the other day to visit relatives. Stopped at BP Coomera near Dreamworld to get petrol. It was about 2-3am. I was very tired so though I woukd sleep it off for a couple of hours. Well, when I woke up about 7am I got a surprise, a $88 parking "fines" by some private mob "parking enforcement" bullshit.

I immediately went inside, furious understandably. The old b… at the counter said they introduced the fine to stop backpakers from staying there "for weeks at a time". I said, well, weeks and 3-4 hours is a big difference. To no avail, she would not budge.

So my question is: Do I have to pay it?

I have read fellow ozbarganairs in the past advocating to just "chuck it in the bin" as private "fines" have no legal standing as they are not issued by a govt authority or police. Is this true? I understand their only option would be to raise a claim for loss in a court due to my parking there. They could then take it to a magistrate and get an order against me if I am not there to contest it. And I am not about to go back to Bris to contest a parking fine.

And the other thing is: I promised her that I would adocate to anyone I come across to:

AVOID THE BP COOMERA QLD SERVICE STATION as they do not seem to care about customers and just see this as a money-grabbing excercise.

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Comments

        • [Deactivated] on 08/09/2015 - 12:37
          +2

          Some would probably sleep there too.
          It wouldn't surprise me.

  • DealzEddy123 on 08/09/2015 - 09:47

    no u don't need to pay it

  • telby on 08/09/2015 - 09:51

    Don't pay it! If there is no government agency issuing the fine, then it's worthless. They are just relying on a persons ignorance thinking its legitimate.

  • what on 08/09/2015 - 09:55
    +1

    I wonder if putting in a complaint through the BP Head Office would be worthwhile.

    http://www.bp.com/en_au/australia/contact-us.html

    • Davo1111 on 10/09/2015 - 04:26

      Admitting you were the driver is not a good idea.

  • sergun on 08/09/2015 - 10:29
    -2

    I wouldn't say 'AVOID THE BP COOMERA QLD SERVICE STATION..' as BP can sue to defamation. On the other hand, I wonder what happens when someone gets killed or seriously injured due to the lack of sleep, contesting in court that the victim was deprived from sleep due to the fine issued by BP in the past, effectively banning the victim from having a short rest in his/her own car when it was mostly needed. Thus, BP could potentially end up with a multi-million dollar litigation, as clearly it has no authority fining people.

    • [Deactivated] on 08/09/2015 - 11:50
      +1

      I don't think a Service station can be responsible for someone else's lack of sleep, otherwise, uni students will be suing bars and clubs they have been to on a Saturday night.
      When I was tired and wanted to sleep in a car, I would park somewhere public, but yet out of the way in fear and embarassment people would see me sleeping.

    • tomleonhart on 08/09/2015 - 12:11
      +1

      I believe BP can't sue for defamation. Any corporation that hire more than 10 employee can not sue for defamation.

      BP's staff can sue for defamation however.

    • [Deactivated] on 08/09/2015 - 12:41

      Advising someone to not go to a particular store… I would've thought that to be someone's opinion, how would it be defamation if there is actually no direct allegation made?

      If I were to say

      Don't visit Woolworths people!

      That's my opinion. There is nothing verifiably true nor false about that remark.

      But, if I were to say

      Don't visit Woolworths people, all the staff there are racists/laugh at overweight people/steal your money/swear at you, etc…

      That would be defamation, as I am communicating false remarks about the organisation.

  • [Deactivated] on 08/09/2015 - 12:07

    To be honest, 3-4 hours isn't a rest. Thats almost a full nights sleep for some people.

    • altomic on 14/09/2015 - 14:28

      Talk to new parents.

  • Ughhh on 08/09/2015 - 13:10
    +1

    OP definitely doesn't deserve the fine, if OP got into an accident it should be BPs fault. OP is a paying customer so he should be able to rest and sleep however long he needs. Its not fair on customers.

    let see how this goes.

    • try2bhelpful on 08/09/2015 - 18:11

      Seriously, you think BP would be responsible if he had an accident because the OP wouldn't pay for a hotel room to enable him to rest. You really think that part of the BPs "duty of care" for providing petrol for his car is to provide him with a place to sleep. (Shakes head and sighs at what has happened to clear thinking in this country).

      • Ughhh on 08/09/2015 - 21:37

        Haha nope https://www.ozbargain.com.au/node/210326#comment-3032555

        Was just seeing how biased this community is.

        Other user got begged for suggesting it's rude to call someone a bitch.

        • try2bhelpful on 08/09/2015 - 23:55
          -1

          It is rude to call someone a bitch, it usually isn't used in a complimentary fashion and it is often an expression used to put "uppity" women in their place. I think the OPs usage is a classic example. BTW, Did you mean to say "bagged"?

        • Ughhh on 09/09/2015 - 00:07

          @try2bhelpful:

          Oops I meant negged. I'm not sure if those neggers actually believe it's ok to call the lady a bitch like that.

        • Zarcady on 09/09/2015 - 11:59
          +2

          @try2bhelpful: For someone whos username is try2bhelpful, you are not being much of a help. All you have done so far is deride OP constantly for calling someone a bitch. We neither know this person nor was in that situation. You are being a real 'b$#@&' about it for all intents and purposes. Give it a rest and stick to the topic at hand.

          On the other hand, I have made trips from Townsville to Melbourne before and there are unexpected times where you feel really tired and need to have a break. Not everyone has psychic abilities where you can predict when you will feel most sleepy, and will book a corresponding motel nearby from the place where you predict you will need to have a nap. That is why there are random stop and rest areas in the highway. If having a nap is not allowed, I fully believe a warning to let the person move on is a better course of action than to stick a fine on his windscreen while he is asleep.

      • Debravity on 09/09/2015 - 06:50

        Are you in the legal profession?

  • fantacular on 08/09/2015 - 13:31
    +5

    i used to manage a retail centre that engaged similar parking fine guys. my advice is to phone up the bp store (5502 8004) and calmly ask to speak to the manager. do it during office hours so you don't get the night manager, and ensure that you are calm and friendly. explain to them that you stopped at the petrol station to buy something (petrol, water, coffee, whatever) and then realized you were too tired to safely continue onwards so you took a short rest. apologise for the inconvenience you caused them, say you plan on visiting again but not for a rest, and ask them if they could be so kind as to waive the fine in this instance.

    you can probably ignore the fine without any consequence, but they will send you lottttttttts angry letters, each more angrier than the last. better just to get the fine waived i reckon.

    • stringbean402 on 08/09/2015 - 17:23
      +3

      lol… nope. Let them waste money sending you angry letters.

      • fantacular on 09/09/2015 - 07:52

        You can if you want, but I'm a big believer in "eating your own dog food" so I've received a ticket, received a whole series of these letters and tried arguing with the ticket issuer. They are not pleasant, better to avoid them if you can!

    • Davo1111 on 10/09/2015 - 17:21

      The problem with that is you're admitting to who was driving. That's what they need

  • DarkOz on 08/09/2015 - 13:33
    -1

    It depends on who issued the fine. Is it from a private company or the local council? Private company no you don't need to pay. You will have to think twice about not paying if it was from the local council.

    Let's get a few things straight. You are in the wrong. BP has done nothing wrong. A fine is not warranted so just talk to BP to waive the fine without being nasty about it.

    • stringbean402 on 08/09/2015 - 17:24
      +4

      Give the guy a break… He/she had a 4hr nap in a servo carpark on the highway, good on him for not driving tired and risking killing him/herself or other road users.

      • DarkOz on 09/09/2015 - 09:09
        -1

        Doing the right thing for himself/herself and other road users does not mean doing the right thing for BP. Don't get me wrong. I applaud him for not driving sleepy but that's a different matter.

    • FirstNameLastName on 08/09/2015 - 19:47

      Don't see why should the OP have to trouble themselves further by chasing up BP.

      Unsure how you can say 'BP has done nothing wrong' directly followed by 'A fine is not warranted'??

      • DarkOz on 09/09/2015 - 09:06

        BP has done nothing wrong as notices were posted. However, BP could exercise some discretion and waive the fine if the OP approaches them in a better manner.

        • FirstNameLastName on 09/09/2015 - 21:03

          This argument reminds me of the southpark 'humancentiPad' episode where Kylie is turned into a human centipede after missing the fine print in an apple agreement.

          (or similar to the hitchhikers guide book, where Arthur's house/planet are destroyed for a freeway/intergalactic-freeway.. but arthur/earth should have known better because after-all.. a sign was posted)

          i guess my point is that these fine's cause undue stress, come without proper warning (sign not noticed until daylight, no tap on windscreen) and don't truly reflect the loss BP made from him being parked there (which is typically a requirement when issuing a fine anyway).

          Therefore I disagree, BP did do something wrong.

          But I appreciate your previous responses, and your differed position on the matter.

  • r3volt on 08/09/2015 - 14:01
    +1

    Can you post a picture of the fine OP?

  • [Deactivated] on 08/09/2015 - 15:51
    +2

    The BP in my area even has a driver stop next to it where tired highway drivers can pull over for a free tea or coffee and have a rest.
    I can understand if there is an issue with backpackers passing through and using it as a caravan park, but simply stopping there for a few hours is hardly an offence…. what is the world coming to?

  • t_c on 08/09/2015 - 16:38

    If it was a private company that issued the fine, do they even have access to the database of license plate numbers to get your residential address to issue a follow up?

    Surely that information is restricted to police and transport department.??

    • PVA on 08/09/2015 - 19:16
      +1

      no access and fine not enforcable.

      • fantacular on 09/09/2015 - 07:54

        They do have access in QLD, I'm not sure about other States. That said, they can only issue a breach notice to the person who agreed to their terms - that's the driver, not necessarily the owner.

  • mickotron on 08/09/2015 - 19:14
    +1

    Hmmm, tap on your window after 2 hours and tell you to move along puts you on the road still fatigued.
    Let you sleep for 4 hours with a $88 fine(cheaper than a motel) back on the road refreshed.

  • serpserpserp on 08/09/2015 - 20:29
    +3

    This reminds me of the story of my mate who got in his car alone and very drunk, started driving down the road 50 metres then realised he was too drunk to drive, pulled over, went to sleep with the car off, but the cops pulled over and woke him up and breathalyzed him because he had his keys sitting in the ignition. Lost his license.

    …. Then he went into BP and called an employee a bitch.

  • [Deactivated] on 08/09/2015 - 21:28

    Joh for PM.

  • geoffellis on 08/09/2015 - 23:29
    +5

    People suggesting that he should have bought a hotel room - sure. Thats good advice after the fact. Fact is sleep fatigue can hit you regardless of whether you are 10 hours away from your target or 1 hour.

    I used to travel all around australia for work. sometimes driving ~2000km over the course of 2 days. You can plan your stops all you like, but some times your body just says SLEEP NOW.

    I planned my stops based on time/distance. But one night it was about 7pm. I was an hour or so away from my motel and I fell asleep while driving. Just dozed off. Luckily I didn't have an accident I just jolted myself awake as my hand started to slip off the steering wheel. I pulled over at the next safest place and slept for a couple hours.

    All the planning in the world doesn't help if you body decides to crash.

  • muz28 on 09/09/2015 - 00:23
    +1

    invalidwithoutphoto, totally ignore anything claims made by private carpark operators. These weasels will make all sorts of claims using lots of complicated legal terminology in their correspondence but in reality its all a lot of utter rubbish set out to frighten the public into giving into their demands and coughing up. In short there is no debt - you don't owe them anything!!! it is a "fake fine", made by a private company, chuck it in the bin, it is unenforceable.

    Also go through the site https://sites.google.com/site/unfairfines/ for more info.

  • [Deactivated] on 09/09/2015 - 10:09
    +2

    Damn gypsy backpackers running it for everyone

  • LSGH on 09/09/2015 - 13:47

    that is ridiculous! you were doing everyone and yourself a favor by not risking falling asleep while driving 110kmh on that dark freeway…

    • frostman on 10/09/2015 - 09:27
      -1

      SO next time i'm too sleepy or shit-faced to drive, how about I pull up to your driveway and call it a night?

      • LSGH on 11/09/2015 - 13:48

        my business driveway yes….not my personal home..

        • frostman on 11/09/2015 - 14:46
          -1

          It's private property either way champ, you're missing the principle

          The business private property only allows customers/patrons to park there for the time they are doing BUSINESS. i.e

          • Buying a Magnum Ego IceCream
          • Pack of Xtra-Large Condoms
          • Filling fuel

          The home private property has no exceptions for the general public.

          Takeaway point: It's not a public parking for people trashed to park and call it a night

  • picket23 on 09/09/2015 - 14:11
    +3

    Thread seems to be getting a bit long. Lesson here is not to avoid this BP servo, lesson is simply to ignore fines such as the one OP got. End of story move on.

  • The General on 09/09/2015 - 19:50
    -1

    Maybe next time don't sleep at the bowser. Perhaps move your car into one of the parking spaces first.

  • shamid202 on 09/09/2015 - 22:26

    i HAVE had 2 parking tickets since a year ago and i didnt contact them, nothing so far happening!

  • metro1288 on 09/09/2015 - 22:39

    I received a private fine a few years back from parking without a ticket in a woolworths carpark and never paid it. They shouldnt be able to access your details so they wouldnt be able to find you anyway. They never followed up.

    • [Deactivated] on 09/09/2015 - 22:53

      Situation in:

      NSW.
      Victoria (up to date).

  • lint on 10/09/2015 - 09:15

    You don't have to pay it so just laugh in their faces and say "sue me." They won't because it'd cost them so much more in legal fees than to have any sort of damages they may be able to recover.

    Which is none anyway because they are offering free public parking if you use their service station, which you did, and there is no sign prior to entry stating that you may have to pay if you park there longer than a certain period.

  • frostman on 10/09/2015 - 09:26
    -2

    AVOID THE BP COOMERA QLD SERVICE STATION as they do not seem to care about customers and just see this as a money-grabbing excercise

    This is the biggest load of BS claim I have seen since reading the USA's political agenda on the 911 (so perhaps 14 yrs?)

    So you're telling us to AVOID filling fuel @ that servo at any cost because you were rightly fined for sleeping in a PRIVATE OWNED car space as you were too shit-wasted to drive that night?

    • lplau on 10/09/2015 - 10:33

      Question is…. Was there signs saying you will be fined if you stay for too long? lol. If there wasn't then they are just fining you for no real reason.

      Anyways, I know in VIC and in NSW that the company will need to apply to magistrates court to get the details of a person using their car rego.

      Most "fake finer" companies don't bother with that, unless you have continuously been fined by them e.g. they can collect 5 fines by applying once for that single person.

      If you do get a letter from them saying to pay up, it means they have gotten your details through magistrates court, then simply look up websites which cite the court case between some guy and Care Park which the guy actually won since it isn't enforceable. Only Councils have the right to fine somebody. There are template letters online to what to write and send off to the company.

      Essentially even if private car parks say you entered into a contract, you technically didn't enter into one just by reading a sign. You can just ask them "WHERE IS MY SIGNATURE? DO YOU HAVE PROOF?". If they can do that then I can just write a sign saying "YOU ARE ENTERING INTO A CONTRACT, YOU NEED TO GIVE ME $10,000,000 AS A GIFT", then go to court to enforce it because you saw my sign lol.

      • frostman on 10/09/2015 - 10:38

        Essentially even if private car parks say you entered into a contract, you technically didn't enter into one just by reading a sign. You can just ask them "WHERE IS MY SIGNATURE? DO YOU HAVE PROOF?"

        So I can park my car at one of the WILSON Private Car Parks in the CBD and refuse to pay the hourly rate as the entrance board containing the condition of entry when driving was merely read not signed?

        What is happening to humanity? noone knows where to find good information from without people acting like lawyers all the time

        • Davros on 10/09/2015 - 10:41

          "without people acting like lawyers all the time"

          And very poor ones at that

        • lplau on 10/09/2015 - 10:53

          @Davros:
          Lol mentioned nothing about the fees you pay.
          But they do not have the right to fine you.

          If people want to read more about private car parks and their rights then i think this page is a good place to start:
          http://consumeraction.org.au/private-car-parking-fines/

          Although that site is for Victoria (VCAT) maybe YOU can be the one in QLD which sets the precedence for them!

          DISCLAIMER: Always best to consult a lawyer though, as OZB is a BARGAIN site and NOT a LAWYER.

        • Davros on 10/09/2015 - 11:07

          @lplau: Although that site is for Victoria (VCAT) maybe YOU can be the one in QLD which sets the precedence for them!

          Why would I waste my time?
          If I park in a private car park I expect to pay for it.
          If I dont want to pay I find a free or at least a metered spot.

        • DarkOz on 10/09/2015 - 14:30
          +1

          Funny you mentioned this frostman. Some people actually do that when they are too drunk to drive home so they park the car overnight only to return the next day to argue about the parking fees.

  • FittyFitty on 10/09/2015 - 10:49

    No; they can chomp on your manhood as far as you should be concerned…

    Bottom line; do not pay and do not answer any correspondence.

  • pebee47 on 10/09/2015 - 12:18
    +2

    Hey! You got petrol, parked at the side like any decent, thoughtful customer would do. You went to the toilet and when you tried to start your car, it didn't happen, Right? You called a friend to come and help, and while you were waiting you fell asleep. You didn't WANT to camp there, its just that Coomera BP is well known to harbour a**holes so you couldn't leave the car…
    Say no more!

    • Dr Techno on 10/09/2015 - 20:25

      Forgot to grab some donuts while your there.

  • mrdk on 10/09/2015 - 18:26

    If i was in your situation and would like to appeal this "fine" just go though through the correct process.

    What you mentioned and what i would expect is that there should be clear signage regarding the terms and conditions of parking there and the consequences if you park and do not adhere to there t&c.

    By parking there you agree with their t&c and if you have been "fined" then it is obviously relating to the breach of agreement.

    The "fine" is not enforcable by any government agency as in these situations it is generally like a civil contract between you and the parking lot. Not paying for the fine can subject you to civil proceedings in which IF they choose to follow through with it may subject you with further cost.

    Whether they choose to do so or not is another matter but if you choose not to pay it you would want to weigh the pros and cons of not paying something when technically it may be in their right to ask for payment since you have agreed to it by parking there.

    If i was in your situation i would consider just paying for it or at least write them a letter of appeal (or whatever mechanism) they have to review this "fine". Im sure they they have a process of trying to get costs from non payment and the kast thing you want is the debt be sold to a debt collector and a black mark against your name (could be a possibility)

    Disclaimer: i am not a lawyer

    • [Deactivated] on 10/09/2015 - 20:04

      Hi mrdk,

      You might want to read these.
      I found them pretty helpful.

      The bottom line is he should do nothing.
      All they have, if anything, is his car registration, and they will probably have trouble getting anything else.
      The last thing he should do is give them any more information.
      Nothing - not even his name, let alone his star sign.

      Back to my reefer…

      • mrdk on 10/09/2015 - 20:19

        Great info!

        Thanks

  • Dr Techno on 10/09/2015 - 20:24

    just when I thought this thread couldn't get any longer..

  • NGPriest on 10/09/2015 - 21:43

    I wouldn't pay it…

  • spychiatrist on 11/09/2015 - 13:55

    At least you have the option of not paying OP, I remember when my car was clamped for overstaying, there was no escaping that so I coughed up one-hundred-sixty-effin-dollars! And the contractor came prepared with the wireless POS thingy. What a nightmare that was!

  • djkelly69 on 11/09/2015 - 22:56

    I don't know what all the discussion is about. The question was answered in the first couple of responses - it is not binding, don't pay it if you don't want to.

    Their "fine" is actually a claim for damages for breach of contract. Given you mentioned they had truck parking, etc, it is hard to imagine that you were taking up enough space to do any real damage to them by parking there (aside from other boring contract law issues like consideration and incorporation of terms).

  • Fred Smith on 21/09/2015 - 07:31
    +1

    Don't know about BP Coomera but many years ago I asked the attendant at Shell Three Ways, Northern Territory if I could have a few hours snooze in my car in their parking area. He gave me the okay. Further, he said there was a petrol strike in NT and said he shouldn't sell me any fuel but said I could buy enough to get me to Alice. I already knew about the strike any had sufficient fuel in Jerry cans, or so I believed.

    Ended up didn't get much sleep as a rally was in progress and every time a competitor went past they sounded their klaxon horn.

    Anyway, I ended up getting to within 25 miles (yes, it was that long ago) of Alice and ran out of fuel. Should have taken him up on the offer to fill my tank.

    I made a sign on cardboard asking for help and the first vehicle to come along was a Greek family touring Australia. They didn't know about the fuel strike but were most generous and gave me enough to get to Alice, and would not accept payment for the fuel. They assured me they had ample to get to Darwin.

    Sorry for waffling on but thought maybe some readers might be interested. In my view, most people were more friendly and helpful to each other back then (mid seventies). And yes, I have performed acts of kindness over the years and don't regret them. Perhaps it's like a chain letter thing, but with a good overall result instead.

    Maybe if the BP Coomera attendant had offered to expunge the fine you would be recommending them as being a good place to stop for fuel. The concept of goodwill still exists and is certainly beneficial to any business.

    Cheers,

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