Join Australia's most dynamic and respected property investment community

Parking Fine Perth

Discussion in 'Living Room' started by Chomp, 29th Feb, 2016.

Thread Status:
Not open for further replies.
  1. Chomp

    Chomp Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    85
    Location:
    Perth
    So I got a compliment about my parking yesterday...

    No seriously, I paid $6 for half and hour at Wilson carpark near the Royal Hotel, what a fkn rip to start with, its $10 bucks for an hour!

    I overstay, and get a fine for $65, which isn't too bad but still over the top, can't I just offer them what I should have paid ? any lawyers know a way around this ?

    Chomp

    I know Pick your battles, but these guys really annoy me.
     
  2. pinkboy

    pinkboy Well-Known Member Premium Member

    Joined:
    18th Jun, 2015
    Posts:
    911
    Location:
    Mackay, Qld
    Pay the fine.

    Move on.

    End thread.

    pinkboy
     
    Doncossack and Westminster like this.
  3. TMNT

    TMNT Well-Known Member

    Joined:
    23rd Jul, 2015
    Posts:
    1,384
    Location:
    Melbourne
    Did you park super super straight????

    Or did you take up only a half spot????
     
    House and York like this.
  4. D.T.

    D.T. Adelaide Property Manager Business Member

    Joined:
    13th Jun, 2015
    Posts:
    5,576
    Location:
    Adelaide, SA
    How much time do you think you'll get with a lawyer for that same $65 ?
     
    Bran likes this.
  5. Peter_Tersteeg

    Peter_Tersteeg Finance broker and strategist Business Member

    Joined:
    18th Jun, 2015
    Posts:
    2,095
    Location:
    Melbourne, Nationwide
    I lost my ticket at Crown Casino once. $100 to get the car out. The daily maximum was $50.

    My new truck has a bull bar. The road rage I can inflict !!!
     
    Corey Batt, Doncossack and Chomp like this.
  6. Chomp

    Chomp Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    85
    Location:
    Perth
    Well, here is one I used before a few years ago, I didn't hear back from them so I will spin the wheel and try again.



    Date

    Address

    To whom it may concern

    Parking Infringement Notice ??

    1 On DATE I attended your ?? Car Park.

    2 Unfortunately due to an issue outside of my control, I did not return to my vehicle within the timeframe for which I had paid on the ticket I had purchased.

    3 I returned to my vehicle at approximately (time you returned) to discover the above infringement notice, issued at (time on fine), approximately (X??) minutes after my ticket had expired.

    4 I then left the car park at (time you left), approximately (X?) minutes after my parking ticket expired.

    5 On my calculation based upon your advertised rates at the location, had I paid $?? instead of the $?? that I actually paid, my ticket would have been valid until (insert time) and no infringement would have been issued.

    6 Accordingly I deny any liability to pay the infringement notice as issued to me for the following reasons:

    6.1 The terms or conditions which purport to enable (insert carpark name) to issue an infringement notice and to clamp the wheels of vehicles parked in the car park are arguably false or misleading representations which contravene section 53(g) of the Trade Practices Act (TPA).

    6.2 The infringement notice, which claims liquidated damages in the amount of (insert $ figure) would be considered at law as a penalty and is therefore unenforceable: see Esanda Finance v Plessnig.

    6.3 The term or condition, contained in your standard terms and conditions, purporting to authorise (car park name) to issue an infringement notice would be considered by a court as invalid.

    6.4 The amount of (insert $ amount) cannot be said to be a genuine pre-estimate of the damages suffered by you. Given the advertised parking rate is $?? for up to ?? hours, the $60 sought would allow a motorist to park in the car park for 2 full days.

    6.5 Noting that I had already paid (insert $amount you paid) on the day which paid my parking to (insert time your parking ticket expired), and I vacated the car park at (insert time you left), a total payment of ($X - work out how much you should have paid) from time of entry would have prevented any damages suffered by (insert parking name). As such a payment of an additional ($? difference between what you paid and what you should have paid) would have secured the required parking time that I occupied the car park space and therefore the claimed amount of $60 is unreasonably high in the circumstances.

    Wheel Clamping

    7 In the event that my car’s wheels are clamped I hereby reserve all of my rights including, but not limited to my rights to bring an action in the appropriate court for:
    7.1 an order for damages for trespass to property;
    7.2 a claim in detinue;
    7.3 a claim under section 51AB of the TPA for unconscionable conduct; or
    7.4 appropriate declarations as to the proper construction of the contract between myself and (insert parking company name).

    8 The terms and conditions currently displayed at (insert name) car parks (or at least those that I have had occasion to park in, including the car park in question) no not include any reference to (insert name)’s right to clamp the wheels of a car parked in their car parks for either:

    8.1 a failure to pay an infringement notice; or
    8.2 a previous breach of contract between (car park name) and myself.

    9 The terms and conditions purport to enable (car park name) to clamp someone’s wheels in the event that there is a failure to comply with the terms and conditions stated (i.e. failure to display a valid ticket).

    10. In my opinion, to clamp someone’s wheels when they have a valid ticket displayed, for a previous breach of contract and to ‘force’ them to pay ($135) to remove those clamps is outside the terms of the contract entered into with that motorist when they enter the car park on that day, and is likely to constitute a contravention of the TPA. In particular I draw your attention to section 60 of the TPA which provides that:
    ‘A corporation shall not use physical force or undue harassment or coercion in connection with the supply… of goods of services to a consumer or the payment for goods or services by a consumer.’

    11 Further, the ($135) fee to remove the wheel clamps would be considered a ‘penalty’ and unenforceable for the same reasons set out above.

    12 Without prejudice to my rights and without any admission of liability for breach of contract, I am prepared to pay an amount that would be considered by a court to be an appropriate measure of damages to compensate (car park name) for the ‘loss’ that you claim (car park name) has suffered by virtue of my alleged breach of contract.

    Proposed resolution of this matter

    13 Noting that at time of entry, a payment of an additional $? (to the $? that I paid) would have validated my parking to (time you left), that is the time I actually left the car park, I am prepared to pay the sum of $?, which would include approximately $? administration fee.

    14 I look forward to your confirmation that (car park name) will accept $? in full and final satisfaction of the infringement notice at which time I authorise you to debit my Mastercard, the sum of $? only.

    15 In the interim I would appreciate your immediate confirmation that I will not be placed on a ‘wheel clamp list’.

    If you wish to discuss this further please call me on ?? during business hours.
     
  7. Propertunity

    Propertunity Exclusive Real Estate Buyers Agent Business Member

    Joined:
    19th Jun, 2015
    Posts:
    1,224
    Location:
    NSW
    Where do I send the invoice for my time spent reading this? :p
     
    Barny, York, bob shovel and 7 others like this.
  8. Blacky

    Blacky Well-Known Member

    Joined:
    25th Jun, 2015
    Posts:
    1,103
    Location:
    Bali
    Some time ago I got a fine, even though I had a valid ticket.

    I argued it, presenting a copy of said ticket, however, they still enforced the fine as it was a requirement to 'display the ticket'. The fact that the inspector was blind was irrelevant. Although there is the potential that the ticket had fallen on the floor as that is where I found it when I found the infringement notice.

    Having spent 30mins writing to them I decided it wasnt worth additional effort to write to them again. Or face a legal argument. I paid the fine and moved on with my life - noting to avoid using their parking services again. It wasnt hard given the location was at a hotel that I now refuse to frequent.

    Blacky
     
  9. Chomp

    Chomp Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    85
    Location:
    Perth
    I hear you Blacky, I'm getting paid a salary so maybe a bit different, I'm literally getting paid to defend it.

    In my opinion, at the end of the day they are bullies and try to price gouge and I'm not having it, if they just asked for what was owed and a little more for the inconvenience then no problem fair play but they don't. I'm like a dog with a bone !
     
  10. Propertunity

    Propertunity Exclusive Real Estate Buyers Agent Business Member

    Joined:
    19th Jun, 2015
    Posts:
    1,224
    Location:
    NSW
    So the drinking problem is fixed too? Great success!:p:p
     
    Scott No Mates likes this.
  11. Blacky

    Blacky Well-Known Member

    Joined:
    25th Jun, 2015
    Posts:
    1,103
    Location:
    Bali
    I dont have a drinking problem... I think Ive got it pretty well down pat... Thank you very much.

    :D
     
    Propertunity likes this.
  12. geoffw

    geoffw Moderator Staff Member

    Joined:
    15th Jun, 2015
    Posts:
    2,125
    Location:
    Canberra
    Is Pat ok with that?
     
  13. Bran

    Bran Well-Known Member

    Joined:
    20th Jun, 2015
    Posts:
    3,213
    Location:
    At work
    Let us know how you go. I'd dismiss the ticket once I realised I had no inclination to finish reading the letter.
     
    York likes this.
  14. geoffw

    geoffw Moderator Staff Member

    Joined:
    15th Jun, 2015
    Posts:
    2,125
    Location:
    Canberra
    So you got no response and thought you'd try the same thing again? Great thinking.
     
    pinkboy likes this.
  15. Truly Exotic

    Truly Exotic Well-Known Member

    Joined:
    21st Aug, 2015
    Posts:
    225
    Location:
    16.4944° S, 151.7364° W
    Ahh the good old parking fine debate
    Im no lawyer but I know infringements issued by councils are legally enforceable and have a one in million chance of withdrawing it

    Since yours is from wilson . I assume its issued by a private company. Google care car parks car park fine and have a long read


    Years ago I was naughty (so shoot me) and got one and even though i was able to produce a valid ticket they refused.
    I approached it wrongly by admitting i drove and liability. Long story short i ignored it and nothing has happened

    A family member also got one (yea shoot them as well) and all letters were ignored and nothing has happened
     
    MTR likes this.
  16. pinkboy

    pinkboy Well-Known Member Premium Member

    Joined:
    18th Jun, 2015
    Posts:
    911
    Location:
    Mackay, Qld
    You must be awesome fun at parties.

    pinkboy
     
    sanj and Truly Exotic like this.
  17. Big Daddy

    Big Daddy Well-Known Member

    Joined:
    25th Jun, 2015
    Posts:
    470
    Location:
    Perth
    City of vincent just slapped me with a $270 fine. They're a bunch of .....
     
  18. MTR

    MTR Well-Known Member Premium Member

    Joined:
    19th Jun, 2015
    Posts:
    7,334
    Location:
    Perth, Melbourne, USA

    LOL, I have a g/friend who could give you a run for your money, thing is she never gives up, me, well I really could not be bothered for $65, won't change my world
    Good luck
     
  19. Truly Exotic

    Truly Exotic Well-Known Member

    Joined:
    21st Aug, 2015
    Posts:
    225
    Location:
    16.4944° S, 151.7364° W
    Chomp likes this.
  20. Johnny Cashflow

    Johnny Cashflow Well-Known Member

    Joined:
    29th Jun, 2015
    Posts:
    730
    Location:
    SA
    Don't pay
    Fake your own death
    Cash in on life insurance
    Move to tropical island and spend the rest of your years posting silly threads on here like this one lol
     
Thread Status:
Not open for further replies.