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VIC City carpark penalties

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by Scarfo88, Feb 17, 2012.

  1. Just wondering if anyone can shed any light on this matter.

    The story:

    I usually drive to work and park in the same carpark 5-6 days per week.
    It's only a 2 story set for those that are familiar it is the one near the Harley/triumph dealer on a'becket st Melbourne.

    How it works for early entry, you take a ticket from the boom gate, then an attendant will hand you a follow on ticket, which proves you arrived before early bird cutoff. Cost is $10

    Yesterday I forgot my wallet at home, As I usually pay by credit card, then I remembered I had $20 in my car, I put the parking tickets in my bag and off I went.

    When I got back to carpark after work, I could not for the life of me find the original entry ticket, only the early bird follow on. So I thought I'll just push the intercom explain what happened to whom ever answers and I'll be on my way. As soon as I mentioned lost my entry ticket, the lady told me I had to pay a lost ticket fee of $125 dollars. I think I shit a brick.

    I didn't have my wallet so even if I wanted to I couldn't pay it. so I said don't worry about it. I think at this point she caught on to what I was thinking and told me if I left the car park without paying she would forward my details to the police as" it's the same as fare evasion on a train".


    Lucky for me my mate was still at his car so I asked if he could drive out a touch slower so I could follow him out.

    as we were leaving I could hear her repeating our number plates and she said we are now both liable for fines because he is helpin me.

    I couldn't give a shit what she was saying as I just wanted to get home.


    Today as I was paying for my ticket I was telling a mate what happened yesterday and a guy who was fixing the other pay machine butts in and says, we sent your details to the police yesterday and your friends.



    Soo if your still with me, I wanting to know,

    A) can they fine my friend, as he paid and as far as he knew I just followed him without permission.



    And b.) would the police really get involved over some thing like this, can they send me a letter to pay a penaltiy.

    if I get said letter I'm going to stop parking there and the car park will end up loosing 60 dollars a week. Over me loosing a ticket( which was my fault)

    will a letter to the carpark operators do anything?

    Anyhow. Cheers.
     
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  2. I imagine that it would fall under the same situation as leaving a fuel station without paying for the petrol.

    Your only real course of action is to maybe find your ticket and offer to pay or offer to pay the amount that you would have otherwise paid. You had the earlybird ticket which you can only get with a normal ticket therefore it was well reasonable to charge you only the earlybird fee. The $125 is opportunistic extortion so just write to the owner of the carpark and offer payment and make mention of your long relationship with the carpark and provide evidence of that through credit card transactions if you can.
     
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  3. a) No

    b) yes but wont send a letter, if they can be bothered may paid you a visit.
     
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  4. Interesting situation, CARe Parking by any chance?? They have a history of threats they can back up.

    In theory this is a civil case so VicPol shouldn't get involved but a debt collector might come calling one day.

    Do some google searches on the subject.
     
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  5. This indeed sounds like a civil case as they can't legally "fine" you. AFAIK only the police or the government can "fine" a person. ** EDIT - You can have contractual penalties but I believe both parties need to sign & agree for it to be legally enforceable (like construction contracts). Not 100% sure so don't quote me though.

    I don't know how they would prove it costs them $125 when you lose your ticket. This sounds akin to the banks charging $25 for an overdrawn account. There is a class action against them now.

    Perhaps one of the legal eagles will weigh in on this and provide some insight?
     
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  6. Do they have video footage of the car park that proves it was YOU driving the car at the time?


    My son had a similar incidence where he received a letter of demand for $88 for overstaying a free 2 hour spot in Brunswick, and yes pvda it was Care Parking.

    I sent a letter to them informing them that although he was the owner of the vehicle, he was not the person driving the car at the time, and as it was so long ago he couldn't remember whether he had even let someone borrow his car at the time. He never received any more demands.

    As a private car park operator they cannot fine the owner of the vehicle, only the driver.
     
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  7. I think the lesson here is to ride your bike to work.
     
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  8. Now that I think of it, the car is registered under my dads name(insurance is so cheap ha) so I guess he will be receiving the infringement. Never crossed my mind HB. And I will be riding in more often from now on. Sorry dad lol
     
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  9. Topics like this come up all the time on 774's Tuesday morning law segment. You might be able to find some clear advice on 774's site or call up Tuesday morning. I don't recall the legalities, but you broke the contract, now it's up to them to pursue. Fare evasion has the weight of transport regulation and law/infringements, car park fee evasion does not. They can only recover what they can reasonably argue is the loss (contracts law).

    You could offer to settle for the original amount, explaining the circumstances and coming to an agreement that it was just a mistake.



    By the way, if they have video as evidence of the offence, they should also have evidence that should prove you were there in the morning.
     
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  10. Name the parking people
     
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  11. I think we have a Care Parking mob here, they come around and put chalk mark on your wheels to see if you have out stayed your 2 hours free parking. i don't like having chalk put on my shiny black rubber after i have washed my bike.

    I accused her of vandalism and she accused me of abuse, but the chalking of my bike stopped :p. They are a different breed of people that think they are high and mighty because they can "fine" you.

    I think the first course of action would be to get some free legal advice, most places give a free 15min session to see of you have a case etc, then take what you have learned and go speak to them directly.

    Edit, Video footage would help you, as it would prove you entered the parking lot early and hence received a ticket, demand the footage of you entering with the time, if they try to say they have footage of you leaving you can knock them back with this.
     
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  12. Well actually they can't fine you, just ignore everything they do and deny it was you driving, they can only go after the driver.
    Tell your dad to ignore all letters from this mob as they are parasites and nothing more.



    http://www.trafficlaw.com.au/forum/viewtopic.php?t=538
     
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