Car park fine - Pt2

I am also one of the ancp victims and receiving letters every 3 to 4 days for 2 fines.We have now received the letter from A'Beckett lawyers this has to be one of their last desperate attempts to hound and harrass money out of us.Just wondering has anyone actually ever been taken to court or what happens next?Has anyone received further threatening mail after the lawyers letter,we have made no contact with anyone at this stage we have ignored everything.
appreciate anyones advice at this stage as it is getting a bit ridiculous now,I thought they would have given up as they have been sending letters to us for the last 6 months
thanks

Just recently my partner picked up an ANCP demand for April 2007!!!

I had some dealings with D & B some years ago. The claim arose out of breach of contract with a dodgy building company. Some years later D & B issued a demand for payment from an unrelated business which the dodgy builder now owned. I informed D & B that I had no legal contract with that (new)entity and they could bring it on and guess what, they didn't.

My view is they simply work the percentages and they are a bit like spammers. Clearly they intimidate with threats that in my case would have been tossed out of court. ANCP are probably not concerned with going to court and getting a precedent that may prove what they are doing is a bit grey.

I notice a previous poster has bought on a VCAT claim - I bet ANCP dont show. Anyway the outcome will be awaited with interest.

Just My 2 cents worth

received a letter threatening court action some weeks back. No action taken as yet! Hang in there, they a bullies and thugs!

This a transcript of the today tonight program on Carpark scams




Carpark scams

    * Reporter: Helen Wellings
    * Broadcast Date: October 28, 2009

We're used to free parking when we go to the supermarket, but now a different system's taking over where so-called 'free' parking at certain shopping centres and supermarkets carries a hefty penalty for thousands of shoppers.

So, are these 'fines' legal and should you pay?

Attendants that look like they're employed by local councils are actually employees of private carparking companies and they're placing thousands of notices on windscreens every day. The notices appear to be legitimate parking fines, but they're not.

Shoppers are dutifully paying the 'fines' and the companies and others in on the act, are raking in a fortune.

Customers are being duped by signs stating parking is free for 2 hours - many people think they don't need to get a ticket from the machine. And that's the catch - if you don't read and understand the conditions for parking and you don't display a ticket on your windscreen, you'll cop one an $88 notice.

Craig Kelly got hit with an $88 dollar fine after he'd parked for 10 minutes. He hadn't displayed a ticket on the windscreen, assuming it was free.

"This is simply a consumer scam, a scam against the public," said Kelly. "It's a complete and utter deception, people miss read the signs, they get confused."

Fair Trading's warned they're allegedly illegal ransoms to pay up - not worth the paper they're printed on.

Consumer Action Law Centre's Nicole Rich says while private carpark companies do not have authority to issue penalties, they cleverly get around it by claiming, because you've breached the conditions of their contract, they must recover costs. So they seek what's called 'liquidated damages' of $88.

"They're asking you to pay damages. And that is a tricky legal question for an individual to navigate especially to a company that's used to sending out thousands of these."

"If there is no boom gate, if there is a sign saying the parking is free, it doesn't occur to people that they need a ticket to access that."
"Let's get this very clear. Private companies whether it is a private carpark or any other company cannot fine you. Only governments have the power to fine you," said Rich.

"We have really big concerns that stores are just outsourcing the management of these carparks to companies that don't treat their customers well at all."

So how on earth do carparks get your address? To make liquidated damages claims on shoppers, they apply to the magistates or local court for access to the state's road authorities private database. The courts grant it, so the authorities simply hand over drivers details to the carpark companies so they can threaten you - pay up or else!

Craig Kelly took Australian National Carparks on.

"We took this to the Consumer Tenancy and Trading Tribunal and they rolled over immediately."

"If a consumer gets one of these fines they should firstly throw it in the bin. If they then receive a letter through the mail, they should write to the company and tell them that they have no intention to pay," said Kelly.

"It's simply illegal because it's misleading and deceptive conduct from start to finish."

"They have no lawful entitilement to charge liquidated damages of $88 when it costs $2 an hour to park. That is simply a penalty and unenforceable. We would like to know where is the ACCC. We have the ACCC job to shut down scams and frauds like this."

The Victorian Consumer Action Law Centre advises don't just automatically pay - its website offers various options to consider.

"We are relying on individual after individual to stand up for their rights when it is actually a problem affecting thousands of people and it is time for the government to step up and enforce the law and stop misleading practices from ripping off consumers," Rich said.

Some local councils are trying to close down private carparks, as, in some cases, they haven't received planning permission.

Guys, I also received a fine that was dated 08/03/2008! and I only received the fine in the mail a couple of months ago. I wrote to them asking why i was fined and that I required photographic evidence that my ticket was not displayed properly or that it was not displayed at all.

I never ever received this fine in the first place and I go to the Fairfield Forum car park all the time, I always display the ticket properly, that is why I want some proof! I think they have just fined me and either thrown the ticket out themselves or someone flogged it my windscreen.

I have received two replies from them, one of them ignored my question in regards to photographic evidence and when I wrote again the second time asking for evidence, I received in the mail today a response from them that basicaly tells me they have no more information to provide me.

So I am writing again and will tell them that you cannot fine me without any evidence and that I will take this matter to my solicitor should you keep hassling me.

What do you guys think?

I think writing them in the first place was not the right choice. Should have ignored them. I was very very tempted to call them and show how angry I was specially when I got the second letter for $163 or so fine increase.   Stay put,

Originally posted by Rooney10 I never ever received this fine in the first place and I go to the Fairfield Forum car park all the time, I always display the ticket properly, that is why I want some proof! I think they have just fined me and either thrown the ticket out themselves or someone flogged it my windscreen. I have received two replies from them, one of them ignored my question in regards to photographic evidence and when I wrote again the second time asking for evidence, I received in the mail today a response from them that basicaly tells me they have no more information to provide me. So I am writing again and will tell them that you cannot fine me without any evidence and that I will take this matter to my solicitor should you keep hassling me. What do you guys think?

Would not suprise me if those low life nazi car park attendants just write up bogus tickets to meet their quotas. Also, it would be safer for them to write up the ticket (with your rego.) and not actually put it under your windscreen wiper to avoid potentially violent confrontations.

I live in NSW and have written to ACCC, NSW Fair Trading and Ryde Council.

I am complaining in that any free car park that incurs a fee has a boom gate and ticket machine installed on entry and payment on exit. So I have been not fined for parking but for not getting a free ticket and then ANCP threatens to take you to court if you don’t pay.

In this case the ANCP car park has only one exit which is through a Ryde Council car park, I am really interested in what reply I will get from the Council?

cheers

Ignore.

It merely means that they've crossed the first hurdle, not that they have the case sewn up and will be hauling you before court any time soon (ha! Private car parking companies don't do court)...

Hang on to the ticket you got from the machine though. That way, if push comes to shove, you can waltz into court and say 'here you go, Guv, I was complying with the purported contract, and here they are sending me threatening letters'.

If you're in Victoria, the absolute worst you'll be up for is $88+$36.20 VCAT fee. This will only be IF ANCP run out of scamvoices to send you and IF ANCP then decide that you're going to be a punter that's a soft touch who doesn't know what they're doing, and are hence ripe for a show trial. If you ignore them from here on out, it'll signal to them that you're hard work and not worth the effort...

Originally posted by surroundfan if the $88 doesn't represent a penalty, it includes lots of the PPC's costs, which cannot be recovered under cl 28GG of Schedule 1 of the VCAT Act. See The Motel Pty Ltd v Allbern Printing Services Pty Ltd [2005] VCAT 2924 for more...

hi sam

i rang vcat but they didnt have a case by that number. they said it might be C2708/2005. in the orders the respondent got $1684 but didnt say anythign about costs

how did you find out about that case? how can i find out about it?

thx man