[WA] Shopping Centre Car Park Fine for Not Displaying Ticket in Free 90 Minute Parking

Maltopia on 21/11/2017 - 02:36
Last edited 21/11/2017 - 09:37 by 1 other user

Hi, I visited a shopping centre in WA which had free 90 minute parking blazoned near the entrance.

As I was in a rush, I didn't see there was a requirement to display a ticket and I have been issued with a "fine" by parking operator (Parking Services Enforcement) for $65.

There are threats of an additional $15 recovery costs for late payment, and that non-payment may result in additional costs being applied and may also incur additional costs related to debt recovery.

I tried writing to them and asking them to waive the fine through their appeals weblink (probably a fake exercise so they can get your name and address more quickly - I did think of giving a false name and address, but decided to act in goodwill and trust - foolish me) and they have refused.

I believe the basis of the "fine" would be in legal terms, a liquidated damages claim for me breaching an implied contract - that I should have seen the different payment machines and signs saying that a ticket was required even though there were much larger 90 minute free parking signs at the entrance which I paid much more attention to. TLDR: they want $65 in damages for me taking up a free parking spot without displaying a valid ticket.

I am prepared to pay say $20 for the 90 minutes parking in the shopping centre, but $65 is ridiculous and it is a civil claim, rather than me breaking a state or council by-law.

What is a realistic outcome if I just put $20 into their account (BPay option provided by them) and said I consider this settled?

Even if they sent debt collectors around to hassle me, I could just ignore them and tell them to go away right? Worst case scenario, they try to register me onto some bad debtor list?

What should I do?

Poll Options

  • 7
    Pay up the $65, not worth the hassle of debt collectors/bikies at my door.
  • 0
    Pay $20
  • 30
    Pay nothing, and avoid their carparks (wheel clamping!)
  • 3
    Bikies
Automotive

Comments

  • spackbace on 21/11/2017 - 03:09
    +3

    Without a ticket, and without scanning camera footage, they don't know if you were there 90mins or 9 hours.

    I know of at least 1 carpark in Subi that offers 90min free, but the signs are very clear that you need a ticket. (and $65 sounds like a Subi cost)

    Is it worth showing up on your credit file?

    • HighAndDry on 21/11/2017 - 09:38

      Seconded. There are council-operated street parking that operate the same way - you get N mins free, but you have to go get a free ticket or you get fined. And THOSE are actual fines, over $100. $65? Just pay it - it's not just the cost of taking up a spot, it's the cost of the carpark having to employ someone to patrol and check for tickets, and admin fees of sending out the letter, which quickly add up.

  • HardQuiz on 21/11/2017 - 05:37
    +3

    This is what I hate about some car parks, a deceiving practice just to collect fines from unaware patrons.

    Seriously put a barrier on the entrance and make every car that enters the car park get a ticket. A clear sign stating the free/complimentary period and the cost after that.

  • EightImmortals on 21/11/2017 - 07:08
    +1

    We have a carpark up here where the guy sits and watches people park their cars, if you don't go straight to the machine and get a ticket he sticks a fine on your windscreen as soon as you walk away. I wouldn't pay it.

    • zolinger on 21/11/2017 - 07:18

      Name and shame please. THat is very Cersei like

  • picklewizard on 21/11/2017 - 08:15
    +5

    Don't pay it. It's not legally enforceable until they take you to court.

    Hint: they won't take you to court. I ignored one years ago, they go away eventually. They can't affect your credit rating as it's not a form of credit, either.

  • Quantumcat on 21/11/2017 - 08:30
    +4

    Please do a search of this forum, someone had a similar question and someone else linked an excellent website about how to avoid paying these private parking scammers.

    From what I remember here is the summary

    1. Your best bet is to ignore it. They usually can't get your name and address from the rego, sometimes they can

    2. If they get your name and address, then send them a letter saying you weren't driving, so you don't owe them anything. You don't have to say who was driving, they can't make you. This means if they ever take you to court it can't be for more than they were asking for at the time you sent them the letter. Or, you can continue ignoring.

    3. If they already know you were driving (sadly, in your case, they do, because you were silly enough to write to them) you can also argue that the signs weren't clear enough (go back and take photos). If you can't see the conditions when you drive in (find a spot where you can get in and can't see the sign with the conditions and photograph it) then you never entered into a contract with them

    4. Ask for a photo proving your car was in the carpark

    5. If it gets to court, and everything else fails, you can argue that they are trying to make you pay a fine which they are not allowed to do (only statutory authorities can, like councils and police). They are only allowed to recover damages. In this case, since parking is free and they probably can't prove you were there over 90 minutes, the damages equals $0 (it's free to park there anyway)

    There were lots of other things too. Try to find the website because it has everything really clearly including sample letters you can write to get them to leave you alone, and even strategies for court if it gets that far.

  • Aniseed Steed on 21/11/2017 - 09:35
    +1

    To follow up on what Quantumcat said, this is the recent post with a similar question: https://www.ozbargain.com.au/node/341329

  • Diji1 on 21/11/2017 - 09:39
    +3

    Pity you admitted to some liability already because I'd imagine that means they'll chase you now. If you just ignored any correspondence they wouldn't even know that you read it let alone having money offered …

    • tranter on 21/11/2017 - 12:13

      Yes, and now they know who actually parked there. Beforehand they had no idea who was driving the car.

      They can obtain details of registered owner of the car but the 'contract' (if indeed a valid one existed in the first place) is between parking company and driver of the car. It's not the same as council parking fines where the registered owner of the car is liable for fines.

  • ozhunter on 21/11/2017 - 09:47
    +1

    What is a realistic outcome if I just put $20 into their account (BPay option provided by them) and said I consider this settled?

    Would be awesome if this was the way things worked, haha.

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