Just wondering if TMS has ever taken anybody to court over an unpaid parking fee? (looks like a fine, but is a fee). I've read plenty of comments about people successfully ignoring them, but none about ending up in court.
TMS Parking Fees - Has Anyone Been to Court?
LFuTMS on 28/01/2023 - 10:21
Comments
$77
If it’s from TMS I believe it’s still not considered an actual fine rather a claim for civil damages. As there is no actual debt it can’t be passed to a debt collector and while they could technically take you to court… for a few hundred dollars there is no way it’s worth it.
They do send ‘debt collection’ notices but it is just another arm of their company sending it
Is this the same as the council fees, like illegal parking charged by Gold Coast or Brisbane Council? Can you ignore it?
No chance
The thing is, they don't know who you are. They could get a court order to get the name and address of the person who the car is registered to. However, the registered owner is not necessarily the person responsible for a 'claim of civil damages'.
It was on the news on Australia Day as well- the Queensland transport minister specifically said don’t pay it.
https://www.9news.com.au/national/parking-fines-queensland-p…
Quote:
Don't pay the so-called fine because it's not a fine. They're not allowed to fine you under the law," he said.
The companies can still pursue through drivers through the courts for the debt, but in reality it's likely not worth the cost and effort to do so.
Yeah will do. Thanks
No government department will share your info with that company … and that company cannot file any court claim until they have the car owner's details (i.e. need, name of person being sued and address for service). It's a catch-22 for them. Where these companies get people is 1. people pay or 2. people call up and the first thing they ask is the details and address.
Not the car owner, they would need the details of the driver who actually parked there.
According to Benno007's article above, looks like there is a loophole that gives them access to that information via the transport department.. which is insane. But the crux of it is definitely don't pay it.
In QLD they do give the details of the registered owner of the vehicle.
It doesn't matter anyway.
The owner is not responsible for where the car was parked, only the driver on that particular day could be.
But the (profanity) harass the registered owner.
There is a page that gives you a procedure to get them to stop. But first and foremost don't try to appeal the breach notice. It just gives them more information
@munecito: They have no case against the registered owner though.
I agree about not appealing anything though, just ignore.
Whatever you do, don't write back to "appeal" or anything because you'd literally be handing them the details they need to sue you (if they wanted to)!
Feel free to wipe your ass with their 'ticket'.
so what you are saying is:
write false contact details on ticket
wipe ass with ticket
send ticket back
I got a "fine" from TMS around 8-9 years ago. I knew to ignore it like those other "fines" from CarePark, Wilson Parking etc.
Haven't heard anything from them.
Maybe send them an envelope with a lemonparty picture inside?
TMS?
Thanks, everyone. Seems like noone has stories of ending up in court, so I will definitely ignore
TMS cant request details from QLD anymore. Thank you QLD gov!!!
https://www.google.com/amp/s/amp.abc.net.au/article/10196973…
The QLD Government has said "dont pay the parking invoices"
What about council penalties like parking on the grass owned by the council, etc? If the notice was issued by Brisbane or Gold Coast Council, can that be ignored or you'll hear from debt collectors as well / taken to court?
O no you can't ignore council fines sadly. You could ask for evidence etc
How much is the 'fee'