Appealing a Parking Infringement from Wilson Parking

M0RGAN on 12/05/2022 - 11:50

I recently appealed a parking infringement from Wilson Parking online via pesau.com.au
My appeal was rejected with an automated response. Now I would normally just pay up, but its a matter of principle for me (its a trivial amount of money anyway). I strongly believe it was issued unfairly and have evidence to back up my claim.
A quick Google search brought up this: https://sites.google.com/site/unfairfines/private-companies/…

I tried calling Wilson Parking to get put through to a Parking Enforcement Services officer, but it keeps going to voicemail. I've also written a Denial of Liability letter. The infringement is nearly due and I've yet to receive a response. What should I do at this point?

Automotive Parking

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Wilson Parking
Wilson Parking

Comments

  • bobbified on 12/05/2022 - 11:55
    +23

    Ignore all private car park 'fines'. They are not fines and are not enforceable. If you ignore them, they are just going to have your registration details and they can't do shit with it.

    My appeal was rejected with an automated response

    You've made the mistake of trying to "appeal" - by doing so, you've just given them your personal details. Now they will keep sending you letters of demand to try to get you to pay. Ignore them all (or just wipe your a** with their letters)..

    • M0RGAN on 12/05/2022 - 13:16
      +3

      Damn, wish I'd looked this up before responding. Oh well, guess I'll just have to ignore the bombardment of letters.

      • Domicron on 12/05/2022 - 13:38
        +1

        Should have input your local MP's detail.

        • M0RGAN on 12/05/2022 - 15:39
          +5

          looks up local UAP member's address

          • iCandy on 13/05/2022 - 15:35

            @M0RGAN: They will though not let you park there anymore if you don’t pay fines.

      • happydude on 12/05/2022 - 15:02
        +3

        Worse than that, you probably admitted to being the person that was parking there.

        That rules out saying it wasn't you down the track. The breach is committed by the driver, not the car. To sue you, they need to know that you were driving.

      • bobbified on 12/05/2022 - 15:27
        +2

        You could probably respond to their rejection pretending to provide "more information about why you're appealing" and put another address on the letter so they update your address and send future corro there! 😆

        • M0RGAN on 12/05/2022 - 15:34

          Oh damn, they did say I could appeal twice. Thanks for the suggestion!

    • SlavOz on 13/05/2022 - 11:58

      When I was at Uni, parking rangers used to scour the private car park and hand out fines. They were certainly 'real'. I got a letter from the State debt recovery office demanding payment or I would lose points.

      Not sure how that ever worked. My car was on private property but they must've had a business partnership with the state. Government gets more revenue while the campus gets to increase demand for parking permits.

      • ddhar on 13/05/2022 - 13:48
        +1

        My understanding is if the fines are issued by a council (including through a ranger), then the fine was legally issued.

        In OP's case, private operators have no legal jurisdiction to issue fines. Additionally, this reeks of revenue grab, rather than a deterrent to illegal parking.

        • SlavOz on 13/05/2022 - 15:23

          But how can council issue and enforce fines on private property? Even if they have permission from the owner, how can a private company use the law to enforce their rules?

          Like I said I just assumed it was a commercial partnership that the uni had with the government.

          • Typical16-bitEnjoyer on 13/05/2022 - 15:52

            @SlavOz: Private parking arrangements can be made with council. There's strict rules so you can't do it for your driveway for instance. Can apply to private property with its own roads and car parks. ie. Shopping centres and Unis.

            • SlavOz on 13/05/2022 - 16:02
              -2

              @Typical16-bitEnjoyer: So in other words, only for rich corporations?

              Why are they getting subsidised by taxpayer funded law enforcement, yet when you need the police to come and detain an actual criminal they take 3 hours to arrive.

  • Master Bates on 12/05/2022 - 11:57
    +4

    If it looks and operates like a scam, then it's a ….

    • dust on 12/05/2022 - 12:12
      +15

      Kogan?

      • digressfool on 12/05/2022 - 16:15
        +3

        Nah, Cryptocurrency surely?

  • Typical16-bitEnjoyer on 12/05/2022 - 12:05
    +7

    Damn, you fell for it. I'm guessing you provided you name, address, phone number etc when lodging the "appeal".

    In VIC at least, these sorts of companies can no longer purchaser owner information from a rego number and thus majority of these fines are laughable.

    Not a whole lot you can do, except to wait and see what THEY do.

  • Stopback on 12/05/2022 - 12:08

    How can gyms fine people, but parking companys not given its a contract

    • djkelly69 on 12/05/2022 - 12:12
      +2

      They are both technically breach of contract notices, not fines.

      • Seraphin7 on 12/05/2022 - 16:31

        Correct. No "fine" can be issued under the terms of a contract.

        However, a contract can have "penalty clauses" (noting that for a contract to exist you must agree to it). Both parties have therefore agreed to the imposition of these penalties for breaches of the relevant provisions of the contract.

        • djkelly69 on 12/05/2022 - 19:00
          +1

          They are actually damages clauses, ie. charging damage commensurate with the loss suffered.

          Penalty clauses, ie. where the amount payable bears no relation to the loss suffered and is usually many times more, are unenforceable.

  • Euphemistic on 12/05/2022 - 12:25
    +3

    What did you allegedly do that caused this infringement to be issued?

    • M0RGAN on 12/05/2022 - 13:10
      +2

      I allegedly parked in a section of an all-day carpark that had a 4-hour limit. It was not clearly marked from where I entered.

  • Drakesy on 12/05/2022 - 12:28
    +3

    You'll notice its a damages claim invoice and not a fine (they outline this in bold on the ticket).

    They legally can't do anything and know that the damages would have to relate to the amount of time you spent there i.e. a day of lost parking fees - $10 or so.

    And then court isn't an option due to costs outweighing the fine.

  • Flying Ace on 12/05/2022 - 12:54
    +3

    Ignore them. Private car park fines are unenforceable - they rely on people like you who don't know better to pay up.

    • Domicron on 12/05/2022 - 13:40

      So people will use the local mall carpark as commuter parking?

      I see how it can be a shitty day for the parking operators too.

      • Quantumcat on 12/05/2022 - 23:58

        You wouldn't want to do it too often, repeat offenders may be wheel clamped

        • Domicron on 13/05/2022 - 12:45
          +1

          Depends, some state, it is illegal.

  • Topdog on 12/05/2022 - 13:09

    just ignore mate, they cant enforce it. just chuck it in the bin

  • Austaurean on 12/05/2022 - 13:11
    +1

    I'm near a Wilsons controlled car park, its not gated, drive in, drive out..

    but dont pay the parking fee or fine from not paying, (whatever you want to call it), they will at some stage sticker your drivers side window with a big orange sticker and will end up towing your car. Ive seen it happen from my office's window.

    Plus, with their carparks that have number plate recognition - i wonder if they can auto deny entry? from the number plate being marked in their system as a non payer etc.

    • M0RGAN on 12/05/2022 - 13:19

      Wow, even if you've paid for the current park?

      • Austaurean on 12/05/2022 - 13:23

        I dont know,
        if you have paid for the current park, but have an unpaid fine, id say you are ok as you are complying to the current parking rules

        But keep not paying, then who knows..

      • happydude on 12/05/2022 - 15:04

        No. How do they know that the same driver was driving the previous times. Or if the car has been sold since then?

        They can only tow it if it is currently unlawfully parked.

    • dtorr on 12/05/2022 - 13:29
      +1

      they will at some stage sticker your drivers side window with a big orange sticker and will end up towing your car. Ive seen it happen from my office's window.

      I suppose it depends on the car park itself, but the ones I've had the unfortunate experience of using, you would have a bloody hard time getting a tow truck into, and around them to retrieve a car.

      • Austaurean on 12/05/2022 - 13:31

        This true, but they have access to the smaller ute types. I park in an underground park down the road from work and they manage to get it down there.
        The other one is street level and no access issues.

        • dtorr on 12/05/2022 - 13:56

          I've never seen a smaller ute-type tow truck. I still can't imagine it navigating the car park while towing a vehicle terribly well.

    • EightImmortals on 12/05/2022 - 13:55

      How does that even work?

      Aren't the 'rules' for parking based around you being a customer of the shop involved OR under a certain time limit?
      If you haven't broken any of those rules on the day then I don't see how they can deface and steal your car?

    • alxr0101 on 13/05/2022 - 07:13

      Ok then…step out and "park" at the gate entrance. Bit hard to reverse.

  • ddhar on 12/05/2022 - 13:53
    +1

    The same crap happened to me despite having punched in my rego number in their machine for the free parking.
    Was it from 'Parking Enforcement Services' on behalf of Wilson Parking? The back of the ticket probably says 'not a fine' (but rather a claim for damages).

    As advised above, ignore these grubs. They have no jurisdiction power to fine you and your rego is all they have. Don't ever provide your contact details by appealing as it gives them more info to chase you with.

    • AndyC1 on 12/05/2022 - 14:42

      OP disputed the claim, so they have the OP's details.

    • happydude on 12/05/2022 - 15:08
      +3

      The back of the ticket probably says 'not a fine' (but rather a claim for damages).

      They have to do this. A parking operator (not Wilson) was actually fined for issuing fines that weren't fines. Their conduct was not fine.

      https://www.consumer.vic.gov.au/latest-news/ace-parking-pty-…

    • ddhar on 12/05/2022 - 15:10

      Welp! I guess OP can now be prepared for the barrage of demand letters coming their way.

      And should this make its way to the courts (unlikely given the courts looks down on this), OP should have their evidence handy.

      • M0RGAN on 12/05/2022 - 15:32

        I can use them to line my cat litter tray :)

  • AndyC1 on 12/05/2022 - 14:40

    As you have appealed it they have your details. If you do not pay then wait for the thread to put it in the hands of a debt collector or pay othere wise they will take you to court… Should not have appealed with any info to say who or where you are from.

    It's been like this for 20+ years in NSW and the places giving out the liquidated damages notices have shrunk and the ones that do have the signs are fading.

    Good luck with getting out of it and it not costing you to stay out of the hands of a debt collector or court.

    • M0RGAN on 12/05/2022 - 15:28
      +2

      Apparently, they have no legal authority to issue fines. So hopefully all I've done is made it easier for them to mail meaningless pieces of paper to me my local UAP member.

      • AndyC1 on 12/05/2022 - 15:46
        +1

        It is not a fine.

        They can legally get you to pay for breaching the contract of not adhering to the parking conditions, but they cannot legally get your details from the NSW government in order to take you to court for breach of contract.
        As you have given them your details they can process the breach of contract.

        It may be called something other than a breach of contract, but it is not a fine.

  • HelpMeiCantSee on 13/05/2022 - 08:51

    I’ve had great success in simply ignoring these clowns.

  • Bensonzaclucy on 13/05/2022 - 14:04
    +1

    I had a mate who had this happen a few times.
    Got issued a fine to his home adress after giving them his details trying to appeal. Them saying that when they found his car next time it would be towed and a huge cost as a result. This is how he went…
    Fine= $180
    Tow+fine+penalties= $480+
    Tell DOT you have a crazy ex that is huunting your car down and get them to issue new plates= $75

    He went the lasty option and now that plate doesnt exist as a result :)

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