Private car park infringement

[Terry_w]

dont confuse this with a normal infringement which comes under criminal law. this is a civil matter. some enters the car park under the terms of the contract. it is private land and a business transaction. the $88 is probably $80 plus gst. there is no breach of a section of some legislation but of an agreement between two persons.

i am not sure how this private company ends up with someones personal details such as name and address from a car rego. perhaps they subpoena the RTA to get the address.

 

[CHAOS]

[QUOTE
Although sympathetic to your cause CHAOS, I'm with Dazz, you either know that you pay everytime or you don't pay every time.[/QUOTE]

You get 2 hrs free parking but you need to get a ticket from the machine and put it on the dash. I ALWAYS DO THIS. So NO payment was required - the car park did not suffer a loss. I DID NOT STAY MORE THAN TWO HOURS.

When I returned to the car everything was as per my previous visits - NOTHING. No payment notice (their wording for a fine) was attached to my windscreen. So life goes on. I did not keep the ticket - what for? ( I will keep all my parking tickets from now on though.) so I can't prove that the car park got it wrong.

I don't know what the original payment notice amount would have been but my letter says the $88 is to cover their costs in getting our details and sending the payment notice reminder.

 

[Ausprop]

my understanding is that when they go to mediation and ultimately trial they would need to demonstrate what their loss was, because penalty clauses in contracts are unenforceable - just a tid bit I picked up from my lawyer and Terry may be able to clarify that? I would suggest their loss is nil or negligible, lawyers will be the greatest cost in this if they wish to enforce it. Of course first they need to prove there was a contract and that you breached it

 

[redwing]

dont confuse this with a normal infringement which comes under criminal law. this is a civil matter. some enters the car park under the terms of the contract. it is private land and a business transaction. the $88 is probably $80 plus gst. there is no breach of a section of some legislation but of an agreement between two persons.

i am not sure how this private company ends up with someones personal details such as name and address from a car rego. perhaps they subpoena the RTA to get the address.

In 2008 Department of Planning and Infrastructure breached its own policies by selling personal details of 25,000 motorists to Wilsons Parking. Several years later Wilsons won an order through the WA Supreme Court for access to the names and addresses of 20 motor vehicle owners the company says have not paid parking breach notices.

Council parking breaches apparently go through fines enforcement registry

One of the private complexes in Osborne Park (WA) regularly has parking inspectors come in and check for vehicles going over the allocated time periods, I believe they are employed by the complex but trained and issue fines via City of Stirling Council....don't pay and F.E.R get involved acting as the middleman

 

[Dazz]

if I trip and fall in the carpark due to their failure to properly upkeep the surface in a badly lit area- they will compensate me?

That is the very attitude that is slowly killing the world.

Your profession Sir is a parasitic scourge on society.

 

[cu@thetop]

That is the very attitude that is slowly killing the world.

Your profession Sir is a parasitic scourge on society.

So take the money but no care given or responsibility taken? Not sure if that is how capitalism works.
Marx believed that the profession of "landlord" is a parasitic scourge on society so I suppose it is all a matter of perspective

 

[kathryn d]

Chaos,
Would you have paid for the ticket with a credit or debit card?
Do you have any transactions on a statement for this day, that may show anything useful?

 

[hobo-jo]

That is the very attitude that is slowly killing the world.
Your profession Sir is a parasitic scourge on society.

Pfft cause the grubby shopping centre landlords scraping parking fines from the patrons visiting their establishment are so much better...

 

[Ausprop]

you guys are so emotional - "fine" him for overstaying, sue them for slipping over.... that's all conversation and a means to an end, what it's really about is the bucks and whether your bottom line is better or worse for the litigation - consider your costs, probability of success and likely profit outcome and off you go. this is the world we now live in.

 

[BayView]

Just to clear up one thing though- if I trip and fall in the carpark due to their failure to properly upkeep the surface in a badly lit area- they will compensate me? After all this parking seems a tidy little earner

And, they should also provide an appropriately trained car park aide to open our door for us, help us out of the car (the aide is wearing rubber gloves of course for O.H&S regulations), and hold our hand while we cross the carpark to the perimeter.

There is another aide who sweeps the surface of the carpark ahead of us to remove any leaves and little stones etc that may cause us to trip and possibly fall, or suffer a sudden shock due to slight loss of balance which would send the stress and blood pressure levels soaring; dangerous for possible heart attack or premature ageing.

Another aide also will have an umbrella to hold over our head in the event of sun and rain.

The surface of the carpark will be temperature controlled to 20.5 degrees celsius for our optimum comfort, and for those patrons who can't walk more than about 50 yards for various reasons, a complimentary shuttle bus is provided to ensure they make it to the shops in safety.

 

[cu@thetop]

The surface of the carpark will be temperature controlled to 20.5 degrees celsius for our optimum comfort, and for those patrons who can't walk more than about 50 yards for various reasons, a complimentary shuttle bus is provided to ensure they make it to the shops in safety.

Hadn't thought of that one before...good stuff- that's going into my next slip and fall case.

But you are missing my point; if you start charging for the parking expect a higher duty of care to attach when any incidents occur. Its the law of the Universe- nothing is for nothing and everything has a price.

 

[Dazz]

So take the money but no care given or responsibility taken? Not sure if that is how capitalism works.

If you're not sure, let me explain it...it's quite simple.

You wish to park your car on someone else's property and leave it there for a few hours - expect to pay a few dollars for the privilege.

Those few dollars pay for the elbow room that your car occupies...and that's it. Everyone bleats and moans, but very few go and park down the road for free and walk the extra distance.

The few dollars collected don't allow leaches like you to put in bloated claims that weasel judges approve.

Walking, staying upright, not dying.....how about we use the long forgotten sense of self reliability. We're walking in a carpark, not traversing the jungles of Borneo.

• I slipped because I was blabbering on my iphone.
• I slipped because my spoilt rotten 3 yr old child yanked on my arm so hard when they were chucking a paddy
• I slipped because I was 165kg at the time and for my normal height and build should be about 58kg.
• I slipped because I regularly walk around clueless not watching what I am doing.
• I slipped because my uncle is a red hot lawyer and can make a killing out of this.
• I slipped because I noticed their weren't and CCTV cameras in that area, so I got my can of coke, splashed it around and then purposely slipped in the puddle I made, then sat in a heap wailing like a banshee until someone noticed. You beauty !!

Hadn't thought of that one before...good stuff- that's going into my next slip and fall case.

You and your clients and your ilk make me sick.

Like I said previously, a complete scourge on society.

 

[hobo-jo]

a complete scourge on society.

... I wonder if any of the lawyers who represent victims in the "slip and fall" cases charge their clients for parking in the private lot at their offices (for the convenience and privilege of visiting to pay for services).

 

[Dazz]

Top post hobo....a person that owns no property but takes great delight in pointing out the potholes along the road to wealth, for the supposed benefit of those that do own property ?? You're not a realist at all, that is delusion.


Twice you have now likened shopping centre owners to lawyers threatening to sue for anything and everything.


One provides a place for goods and services to be exchanged....quite a popular concept all around the world at the moment. The other leaches off others and provides and produces nothing but ill gotten gains for those who in most cases deserve nothing.


You, quite obviously, have the two confused.

 

[hobo-jo]

Twice you have now likened shopping centre owners to lawyers threatening to sue for anything and everything.

I certainly didn't intend to paint the brush that broadly.

There are reasonable shopping centre owners, there are standup lawyers the same.

Then there are lawyers who are a "scourge on society" who pursue ridiculous lawsuits, as there are shopping centre owners who charge their patrons for parking &/or issue ridiculous private fines.

 

[cu@thetop]

If you're not sure, let me explain it...it's quite simple.

You wish to park your car on someone else's property and leave it there for a few hours - expect to pay a few dollars for the privilege.
Depends on local council's DA terms when approving for a higher density retail operation. Here in Qld DAs are often subject to provision of x number (free) parking spots (so as not to inconvenience the local residents with cluttered street) so as you oft say - they (landlord) knew the rules and are now trying to change them by charging for parking
Those few dollars pay for the elbow room that your car occupies...and that's it. Everyone bleats and moans, but very few go and park down the road for free and walk the extra distance.

The few dollars collected don't allow leaches like you to put in bloated claims that weasel judges approve.Never said they did- got to have negligence 1st

Walking, staying upright, not dying.....how about we use the long forgotten sense of self reliability. We're walking in a carpark, not traversing the jungles of Borneo.

• I slipped because I was blabbering on my iphone.
• I slipped because my spoilt rotten 3 yr old child yanked on my arm so hard when they were chucking a paddy
• I slipped because I was 165kg at the time and for my normal height and build should be about 58kg.
• I slipped because I regularly walk around clueless not watching what I am doing.
• I slipped because my uncle is a red hot lawyer and can make a killing out of this.
• I slipped because I noticed their weren't and CCTV cameras in that area, so I got my can of coke, splashed it around and then purposely slipped in the puddle I made, then sat in a heap wailing like a banshee until someone noticed. You beauty !!

How about this- Landlord too tight to repair defective concrete 2 other people have already tripped over and he is aware of- got the concrete cheap cause it was from his brother in law but sister split up with him and it will cost $250 to repair. Elderly lady , on the way to chemist in the centre trips and breaks wrist...and yes this and the above are based on cases I have seen

You and your clients and your ilk make me sick. No probs- I never sought approval as I realize it is illusory- I choose to do what I see is right and that does make enemies but that's life

Like I said previously, a complete scourge on society.

I'm sure opinion is divided on this point.

Have a beer and lighten up Dazz. Several in fact.

Be nice to the little people on the way up as you meet them again on the way back down

 

[BayView]

Pfft cause the grubby shopping centre landlords scraping parking fines from the patrons visiting their establishment are so much better...

No-one forces you to go there and shop. Go online to shop and save time, save petrol, save the planet.

Or, travel to a shopping centre which has free parking there are plenty still around no doubt.

In L.A it is next to impossible to park anywhere without paying a fee. And if it's free parking there are no spots available.

It's supply and demand, and it will eventually end up here in our Country with its quest to be all things American...

All you folk out there who reckon more population is great and we've got room etc.... who long for more population, let in the immigrants, fill up the joint so we can get more economic growth...

That's one of the prices you pay for it.

I don't care; down here in my sleepy little hollow where less people want to live there's loads of free parking, except over these next 2 weeks when everyone comes down here from the city for the holidays and takes over the joint, filling up the joint, leaving their bloody rubbish everywhere and generally being pigs....at least the cafe owners like them.

sorry; I digress.

Most folk moving here from O/S are city-dwelling, so they are filling up and it's gunna cost ya's all to be there.

Back to the fine though; it seems very, very weird that there was no infringement notice on the window.

 

[Angel]

I have no problem at all with Westfields charging to park at Chermside after three hours. There is no charge if we arrive after 6pm either. It has not cost us anything to watch 3 hour long movies when we go after work .

The council made the shopping centre a bus hub and encouraged commuters to park there all day. That left very few spaces for the real shoppers. I now always get a park close to the entrances instead of several hundred metres away like it was before they introduced timed parking fees.

Bayview, I welcome increased immigration and a better economy. It's alright for those of you who already made your millions in the last boom. Us newbies want a piece of the wealth pie too; bring on an immigration led housing boom in my part of the country.

 

[geoffw]

I have no problem at all with Westfields charging to park at Chermside after three hours.

The Westfield where I had my Subway changed the three hours to two hours, (after the centre was expanded) and increased the rates for longer term parking. But they left the two hour parking as free parking because they knew that it would draw in customers- people who go to the Canberra CBD have to pay.

It must have worked. Foot traffic increased, and everybody is happy.

Car parks indulging in dubious behaviour may be increasing their own revenue stream in the short term, but in the longer term, they are likely to do harm to themselves and the surrounding retailers. At least in areas where there are alternatives.

 

[kathryn d]

I think the country (and also canada) is going down the tube.

If everyone didn't have to worry about such nonsense stuff, it would be a better place.

Parking lot for example: If you drive in and you park, you are accepting that it is suitable for the price you paid. If you think the road is in too bad condition or it has poor lighting, drive out.

Same with everything.
It is always everyone elses fault.