Private Car Park "Fine" (Carepark)

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Care Park

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  2jzzzz on 09/06/2016 - 01:56

  +1

  I got one even though I had a valid ticket on my dash. They didnt accept my proof and kept sending me escalating threats. Did not reply to one and it disappeared.

  Basically they have to prove it was you driving and you that breached terms, then they can only chase you for loss which is max $20… They wont go to court for that amount and especailly not if you didnt admit you were driving.

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  inherentchoice on 09/06/2016 - 04:45

  Have a read of this thread: https://www.ozbargain.com.au/node/245589

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  Olokun on 09/06/2016 - 06:30

  +1

  Have a read of at least the first post in this Traffic Law Forum Thread

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  Euphemistic on 09/06/2016 - 07:33

  Send them back a letter saying that you lent your car to Mrs adams of 1313 mockingbird lane and you'll have to take it up with her.

  Or put the money to wards some new rego plates for your car so you can go back without any future dramas.

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  Settero on 09/06/2016 - 07:54

  they might get a dime , but not 88$ , that's a penalty which is unfair/unenforceable.

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  burningrage on 09/06/2016 - 08:03

  +1

  Just be aware CarePark can apply to the Vicroads for details of your registration and what they could effectively do is to sue you after they received this information from Vicroads.

  There is a uproar about why Vicroads would hand over private details of drivers (incl. rego) to CarePark but I suspect that could be because CarePark must already have a warrant from the Court.

  In terms of the "fine" itself, it cannot be legally enforced (unlike the real fine, which has a statute backing) so they would have to sue you for it.

  In reality, I don't think they would bother.

  • 

    drdolphin on 09/06/2016 - 09:25

    +2

    This wont matter though, as their issue/implied contract is with the driver of the car, not the owner. As long as the owner doesn't acknowledge they were the driver on the day, there is nothing CarePark can do.

    Also, they are only allowed to claim reasonable costs, so the $88 wont be upheld (more like around $20 at most like a previous poster said).

    In short, they wont take you to court as they know its a scam. Ignore the letters, or write to them and state you were not the driver and further correspondence will not be accepted.

  • 

    bobbified on 09/06/2016 - 10:22

    +2

    A law was created last year to strip away the rights of private car parks to get drivers' details for the purpose of these "fees".

    http://www.austlii.edu.au/au/legis/vic/consol_act/rsa1986125…

    This article is straight from the Premier's office:

    http://www.premier.vic.gov.au/crackdown-on-private-carpark-o…

    In other words, I'd tell them to get screwed - but I wouldn't be putting a return address or any of my own details on any correspondence.

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  fruit on 09/06/2016 - 10:17

  If you pay it, then they have more resources to do it to more people.

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  tomsco on 09/06/2016 - 11:28

  I'd say don't pay it. I'm guessing it's one of the ones where you just feed the meter coins and it spits out a ticket? So if you had put 50c extra at the start you'd be fine?

  No was could they claim their losses were $88, it's not like a Secure park or something where they turn people away online due to no parking. They can get stuffed.

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  jimbobaus on 09/06/2016 - 11:56

  +3

  I got a CarEPark fine waived by quoting the relevant case (from VCAT) where it was found that they have no right to fine you

  VCAT finds Care Park $88 “fine” a penalty and unenforceable

  On 2 May 2014, the Victorian Civil & Administrative Tribunal (VCAT) ordered that Care Park’s claim of $88 of “liquidated damages” in relation to breach of a car park contract was a penalty and therefore unenforceable. In the case of Vico v Care Park Pty Ltd (Civil Claims) [2014] VCAT 565, Member Wilson therefore ordered that the consumer, Mr John Vico, did not have to pay the $88 amount to Care Park. Member Wilson did not accept Care Park’s evidence in relation to how it justified the $88 amount, and found that its claim for loss was “overstated”. The Member also found the $88 amount was “wholly unexplained”, with “no forensic veracity” and “no legal or factual providence”.

  just mention: Vico v Care Park Pty Ltd (Civil Claims) [2014] in any contact with them

  Until the law in Vic is changed private operators cant fine you plain and simple.

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  Mad Max on 09/06/2016 - 14:20

  I would just ignore it for now.
  If they manage to get your details and write a letter of demand you can respond following jimbobaus advice.

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  caidstech on 09/06/2016 - 18:16

  Wow, wasn't expecting this many responses.

  Didn't end up paying last night after reading through the Whirlpool thread in the OP and the fact that they have to prove that I was the one who was driving the car at the time. The intimidation factor of the whole thing made me think "(profanity) 'em" as well.

  Regardless, thanks for all of the responses and I hope that this thread helps any other unfortunate buggers out there should they stumble across it.

  Cheers guys!

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  RevolverUpstairs on 16/07/2018 - 20:02

  Just incase someone comes across this thread like I did. I received a "fine", ignored it and never got contacted.