Care Park threatening demand notices on personal car park

Hi all,
I will try and keep this brief…

Care Park threatening to issue demand notices on residents who do not display a car park pass while parking on their car park – a car park that is owned by and is part of the title to their apartment.

I own an apartment in Melbourne. There has been some trouble of people parking in residence car parks illegally. (Without the property owners permission). The first step taken by the Owners Corporation was to install a second boom gate – it is installed just after the main car park gate and only goes up for about 30 seconds after the main gate is closed. This reduced the issue of illegal parking on private car parks to about 1 person parking in every 6 months or so. (Well that is how often I find someone parking in my car park. After the failure of the second boom gate – there was the selling of personal car space locks – a remote bar that comes up in the middle of the car spot. If knocked or pushed down it sets off an alarm.

Now the and the Owners Corporation (Body Corporate) has engaged a company called Care Park Care Park[\URL]. It is one of these private car park operators who issue “demand for payment of liquidated damages for breach of contract”. This is based you have agreed to their terms and conditions when entering into the car park. Their business is regally investigated by groups like the ACC and are often in the news for all the wrong reasons. Here are some articles around the company.

[URL=] The Age - Crackdown on car parking 'bullies'

The Age - Illegal car park fined customers
Heraldsun - Blow for car park fines bid
The Advocate - Parking fines under review

I first found about Care Park when I went to the car park lift and found a sign threatening to issue demand notices for my car been parked on my property – later my partner handed me an open letter that was stuffed under my door. I have attached the letter (With some censoring around my location) and the signs in the apartment lifts and car park (Around the lift).

Notice to all residents

I contacted my solicitor and he suggested strongly that I should not complete the attached from as that was entering into a contract with Care Park and that the signs posted in the car park does not constitute a contact. (Something I should avoid doing).

I was also advised to contact my Owners Corporation via a letter requesting them to identify how they or the car park management company (Care Park) have the right to issue demand notices.

Some important things: The car parking space in question is part of my strata title (Aka I own the car park) and the notices I have read are threatening to issue demand notices for parking my car on my property.
Hi there
sounds like you need to go to some of the Owners corporation meetings - if they have committee meetings - and start asking questions just in case the letter doesn't do anything.
Sounds like this owners corporation is trying to overstep the mark - assuming as you say your car park is on your title.
I have seen body corporate committees via by laws try to regulate car parking before - so perhaps the body corporate is under an illusion as to what legal rights they may have - sounds like you need to ask if they obtained legal advice before they started this process? it may be they haven't and are acting in a manner without proper legal advice.
:eek: Sounds outrageous; if you've paid for a car park, I can't see how a third party can step in and impose conditions on how you use your property. If this isn't illegal, it should be!

Have you spoken to Consumer Affairs Victoria?
Some more info on Care Park

Here are some more information on Care Park – it appears they are known to both Consumer Affairs Victoria and Consumer Action Law Center – mainly from the complaints. Care Park are now meeting with Consumer Affairs Victoria on a 3 monthly bases to deal with the volume of complaints.

Note these are about people parking on commercial car parks – not personal owned residential car park as in my case. (Read parking on my car on my property).

Raddles – Thank you for your reply. We have NOT had an owners corporation meeting to talk about this. The first I head about this change was signs in the lifts and car park. The sign in the car park basically threatens to demanding damages if your park on your own property without a Care Park sticker (See the attached document in the original post.

I think by law for a change of such a rule requires a majority of land owners votes (read 70% of land owner votes.).

I also agree the Owners Corporation is trying to over step the mark – I do not think they have any right to claiming damages and as such are unable to transfer the claim for damages to a third party (Care Park). But will have to see what they have to say about the rights.

Ozprep – I agree with you – this situation is outrageous. About Consumer Affairs – I do not think it is time to talk to them. I have a few other avenues to follow.

1. Write to Body Corporate and find out exactly what is happening (Do not even know if Care Park has been engaged – the open letter was a photo copy of the Owners Corporation letter head.)
2. Bring it up in the Popular media – groups like Consumer Affairs Victoria and the like to follow statements in popular media.

It should also be noted I have not received a notice of demand to date – this new regime is planed to start on the 1st of next month.

Also look at the above posts from Consumer Affairs – they are already all over Care Park around their questionable business practices. I think they are meeting with Care park every 3 months to discuss the high number of customer complaints.
Template Letter

Hi All,
I have deleted the original PDF with the open letter, Terms and Conditions Care Park is trying to force onto the residents, the form for requesting a Care park pass sticker and the signs from in and around the apartment. However I have put it up again – this time at the below address.

First Care Park Communications

With the advice of my solicitor I have written a template for my fellow residents to use. You are welcome to use the below PDF. Feel free to copy all or part of the PDF in creation of your letter to the Owners Corporation

Template Letter
Any update on this one, miss_croft81? I'm most interested to see what the body corporate's response was. ;)