CARe Park Payment Notice - Tasmania Do you have to pay?

subywagon on 24/10/2018 - 13:10

Another "do I have to pay my parking fine thread", this one though is Tasmania specific. So I parked in a newly converted CARe Park and didn't realise it was now "pay and display". I would have paid no worries otherwise but now have been issued a "Payment Notice & Tax Invoice" of 10 times the amount if I pay early, cool.

So does anyone know if their demands for money is legal in Tasmania specifically? I've heard and read online that they may not be in other states. Any definite links or information that I can be directed to?

And NO, I haven't contacted CARe Park yet, as I don't want to go on blind and give them any ammo to use against me.

I Have contacted a local free law advice place and about to email Consumer Affairs.

As I said, I'd be happy to go and pay them for the time I parked there, but not 10 times more.

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Comments

  • GG57 on 24/10/2018 - 13:16
    +1

    Apparently when you entered the car park you agreed to their conditions.
    As it is a private car park, you may be doomed to pay the fine.

    • subywagon on 24/10/2018 - 13:18

      Yeah I'm not sure about how binding they are. I've read in other states they are not at all. There's even a warning on the Victoria Consumer Affairs website concerning them.

      • GG57 on 24/10/2018 - 13:23
        +1

        I had a look at that at this site:
        https://www.consumer.vic.gov.au/cars/parking-payment-notices…

        Without seeing the displayed Terms and Conditions at the car park entry, or the ticket / claim for liquidated damages, I think you need to pay. You could draw it out, but they will probably go down the debt collection path, and probably sell that debt to a collection agency.

    • BOGOF on 24/10/2018 - 15:28
      +1

      it's not a fine. That would be illegal, I suspect the claim is for 'liquidated damages'

  • HighAndDry on 24/10/2018 - 13:25
    +5

    Private car park, they have no force of law, and they're not legally allowed to impose any kind of penalty, which I'd say 10x the amount certainly constitutes. They're only legally able to recoup their losses, which in this case would be the parking fee plus an admin fee on top of that. Of course, if the parking fee is say $2, then even a 10x admin charge of $20 isn't actually too unreasonable.

  • Clear on 24/10/2018 - 13:26

    Carepark Tasmania have previously been given registration details by the state government and have taken many to court over the unpaid fines. Just pay it. You've agreed to their terms by parking on their private land.

    I know countless people there who've tried to battle it out using advice from other state's consumer websites and others that say they don't have to pay and have lost.

    You're unlucky as they've taken over heaps of Secure car parks lately and that crowd rarely enforced the time limit and fined people.

    • subywagon on 24/10/2018 - 13:35

      Yeah, I think I've heard that too. I've also heard people saying they've never paid, but that was years ago. I've also read that they have to go to court now in order to get people details, so I think they would only go over larger amounts. So much conflicting info! I might have to contact them and explain I didn't see it was now pay and display. Hopefully they will play nice as I've never been issued a ticket from them before and would have paid if I'd seen it.

      • Clear on 24/10/2018 - 13:36

        Just pop down to Morty's and stick it on someone else's car. It's the Tasmanian way I hear.

        Up to you I guess. Wait a couple of months and see what happens.

        • subywagon on 24/10/2018 - 13:43

          haha a Tasmanian just gave me the same advice. I just spoke to a lady who received one last year and never paid it, said nothing happened and as it's only one they probably didn't bother to pursue it. I don't want to get a bad debt mark though on my credit rating.

      • djkelly69 on 24/10/2018 - 13:42
        +2

        If you want to possibly avoid it, DO NOT contact them and admit you are the owner/driver!

        • subywagon on 24/10/2018 - 13:44

          That's what I was thinking too. I'm waiting to hear back from the local legal advice organisation and consumer affairs Tasmania before I consider contacting them.

          • djkelly69 on 24/10/2018 - 13:55
            +2

            @subywagon: I doubt you are going to get the response you are after (if any) from either of those places.

            As with all of these 'payment notices', the carpark operator is just on a fishing expedition because they have no idea who the person is who (apparently) entered into a contract with them and breached it.

            If it was me, if and when I receive a payment notice addressed to my name at my address, and assuming I did actually park there, I would consider paying it. But, as mentioned by HighAndDry above, only if it was a reasonable amount in line with the likely damage suffered by them due to me failing to pay or whatever the infringement was.

            • subywagon on 24/10/2018 - 13:59

              @djkelly69: Yeah, good point. What would happen if they didn't attach the fine properly and it blew off? Bad luck, you have to now pay 20 times the amount now with a late payment notice?

              I might wait and see if I receive something in the mail then offer the parking fee plus $10 admin.

  • [Deactivated] on 24/10/2018 - 14:01

    If they escalate it to court, just write in.

    "Dear Sir and/or Madam,

    I regret to inform you that I do not speak the English and as such, I cannot understand the reason for the summons nor cooperate with demands for payment.

    Kind regards"

    • subywagon on 24/10/2018 - 14:08

      lol I'll make sure I reply in perfect English too.

  • tsunamisurfer on 24/10/2018 - 14:13
    -1

    So I parked in a newly converted CARe Park and didn't realise it was now "pay and display".

    This is all I need to know.

    • subywagon on 24/10/2018 - 14:22

      I'm glad your life is now complete.

  • Pootie Tang on 24/10/2018 - 14:31

    I had two fines recently. I never changed the rego on my mates car when I purchased it and they sent two letters to his address demanding payment. I emailed them and said please send to this PO box which was my works address admitting I was the driver. Got one more letter and threw it in the bin. Have never heard from them again. Dont pay it.

  • chumlee on 24/10/2018 - 14:37

    They can only damages, so the parking amount and a few extra dollars in admin costs.

    I'm sure on one of the consumer law centre websites you will find some more info and a template you can use to write back to them

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