Fine

Hey everyone, got a real nice surprise in the mail yesterday. It was a reminder to pay a parking fine from a year ago ! I have blanked out my personal details and attached.

I tried contacting ph # and there is no option to talk to anyone. :eek: You have option of paying by cc or writing them a letter.

I certainly received no ticket on my window and there is no IGA in Roseberry I can find.

Has anyone received a ticket from this company before ?
 

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From their website http://www.carepark.com.au/index.php/faq;

Q. I want to discuss the payment notice by telephone but can't. Why not?
A. All enquiries and applications for review must be made in writing - there are no exceptions! This protects your privacy and enhances the integrity of our appeal processes - allowing the Disputes Officer to fully investigate the issues and make an informed decision in each case.

Q. I have a valid ticket but still received a payment notice. Why?
A. Perhaps the ticket was not on display. A ticket is not valid unless it is displayed right side up on the dashboard and visible outside the vehicle - that is clearly stated on every ticket. However, if you did have a valid ticket, then subject to any other relevant considerations, it is generally our policy to waive the Payment Notice if you send us the original ticket and a statutory declaration explaining why the ticket was not properly displayed. You are not compelled to make such a declaration but we may not be able to waive your Payment Notice without one.
Sounds like time to do a stat dec.

Cheers,

The Y-man
 
Mrs had one.

I wouldnt pay it, its a private company.

What they going to do? take you to court??

its not gov property, so cannot be fined as such. Its a raut.

Goodluck.
 
Wow ... this is crazy !

I wander if the statement "Care Park had successfully sued people in the Magistrates' Court, the statement said. " was made to intimidate people more than anything.

I just checked IGA supermarkets and there is none at Rosebery.
 
I get private co. tickets all the time in Adelaide and just throw them away. Council fines you have to pay, private companies you don't - they are just claiming civil 'damages.' In theory they can take you to court, never heard of it happening in Adelaide.

Councils aren't fond of them either.
 
Here's another warning from OCBA, but again - obviously SA related.

The Commissioner advises consumers that these notices do not, in themselves, legally compel consumers to pay any money. These are simply requests for payment. If you do not pay a notice, Park Fast will decide whether to sue you for the alleged breach of contract. If you are sued, it is up to the court to decide whether you should pay anything.
 
Care Park

Don't pay it. We use them in Melbourne. Just write to them disputing it and they will withdraw it. Just stops the whole thing escalating.
 
Dear Sir,

I will not be paying the enclosed parking citation as I do not recognise your civil jurisdiction in this matter. If you wish to discuss this matter further, please contact my lawyers directly at Bend Over and Take It Solicitors Ltd.

In conclusion, GFY.

Sincerely,
Success

:D
 
Dear Sir,

I will not be paying the enclosed parking citation as I do not recognise your civil jurisdiction in this matter. If you wish to discuss this matter further, please contact my lawyers directly at Bend Over and Take It Solicitors Ltd.

In conclusion, GFY.

Sincerely,
Success

:D

your approval rating just hit a new high level.

That is just awesome to the power of sick.
 
I get private co. tickets all the time in Adelaide and just throw them away. Council fines you have to pay, private companies you don't - they are just claiming civil 'damages.' In theory they can take you to court, never heard of it happening in Adelaide.

Councils aren't fond of them either.

No you don't!! All you have to do is ask council for proof that they own the road - and generally the fine mysteriously disappears.

On the odd occassion they will quote the Local Government Act 1986? (Vic) or Road Management Act 2004 (Vic), but a brief reading revealls that they have no authority over anybody. They only have authority over you, if you agree to their claim.;)

The Road Management Act quotes in Section 24 (4):

“A code of practice cannot
(a) Impose a duty on any person; or
(b) Direct how any matter or thing is to be done; or
(c) Create an enforceable legal right; or
(d) Impose any liability or penalty.”

Read the law, and you will be pleasantly surprised at what they try to get away with. Actually, believe it or not, many people also do not pay council rates or only a portion to have rubbish picked up.:)
 
Interesting Cava, I have heard of this sort of thing over the years. Have you argued it successfully yourself with fines?

I was referring more to carparks owned by council, or private carparks patrolled by council. Generalisation, but the reason I say council you pay is because they have right/capability to look up rego of the vehicles and send follow up increased fines etc. Good on ya if you've found a way around them. :)
 
Before I write this, I just want to say I am not a parking inspector! ;)

I don't really understand why people complain about fines, yes it is painful to pay them (I've only ever had one and it was an innocent mistake so I was fuming!), but if there weren't time limits on parking and fines to deter people from over staying the limit then imagine how much more difficult it would be to get a car park. I abide by the rules and don't pay fines, it's pretty simple really. It just sucks when things aren't marked clearly and you innocently get caught. :mad:
 
Couldn't agree more. If the carparks around my business were'nt time limited and monitored it would be an absolute nightmare.
 
Interesting Cava, I have heard of this sort of thing over the years. Have you argued it successfully yourself with fines?

I was referring more to carparks owned by council, or private carparks patrolled by council. Generalisation, but the reason I say council you pay is because they have right/capability to look up rego of the vehicles and send follow up increased fines etc. Good on ya if you've found a way around them. :)
I know people who have written the letters requesting clarification of ownership of the road in question, and had the fines suddenly withdrawn. I also know of one person that took it to court and had his initial fine reduced to $10 - which he appealed. Cost the Melbourne city council amotzza and nothing for him as he represented himself.

Council owned carparks are registered as private, and consequently, you cannot legally be fined for parking too long on private property. It's covered under Commonwealth legislation which overrides state legislation and local government legislation.

My own experience that I have been going through recently is with the council and the Victorian government over ownership clarification of my naturestrip. And not surprisingly, I have been making great headway. You see unfortunately, most people, governments included, do not bother to actually take 1-2 hours to read the law.
 
No you don't!! All you have to do is ask council for proof that they own the road - and generally the fine mysteriously disappears.

That would be nice... But if you have a read of the Road Safety Act 1986 (Vic) in section 77
(2) The following people may prosecute for any offence under this Act or the regulations...(b) a municipal council

Then in section 87
(1) If a person who is referred to in section 77(2)...has reason to believe a parking infringement has been committed...he or she may serve or cause to be served, in accordance with the regulations, a parking infringement notice.

-Dave
 
while it might be true that council cannot legally enforce parking tickets, i find it more cost effective to just pay the odd fine. unless of course you get a fine every day, in which case i would consider paying for parking space...
 
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