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Topic ClosedCar park fine
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miscreant View Drop Down
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Joined: 13/January/2008
Location: Australia
Posts: 1 		Direct Link To This Post Posted: 13/January/2008 at 16:54
I got a fine today at Barkly Square.  I did get a ticket, but it blew off the dashboard and was lying on the passenger seat.
I'll try contesting it, but I wonder if anyone knows if ancp has actually taken anyone to court.
It's not a fine, it's a claim for damages and as others have said, it's difficult to reconcile the amount they want wiith any actual damage sustained by ancp.
Further, the "contract" is with the driver of the car, not the owner. How can ancp prove who was driving?
Finally, can ancp get the owner's address from Vicroads?
I'm wondering if this is all based on bluff.  I'm sure they're happy to collect their $66 or $88, but I suspect they do nothing if the "fine" isn't paid.
If anyone knows of examples that prove otherwise, I'd be interested to hear.

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jymster View Drop Down
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Joined: 04/January/2008
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Posts: 1 		Direct Link To This Post Posted: 04/January/2008 at 19:56

Ian592,

 

I just got hit with a fine today.  I had no idea that there were tickets that I needed to put on my dash.  I got my "fine" at Fairfield Forum, in Sydney.  I have been to this carpark previously, but there was not such a system in place then.  It has only been there in the last year or so.  I can't see how it can be legal.  I mean, how can I enter into a contract without signing or agreeing to anything.  Surely they have no legal leg to stand on??  I am considering just not paying the "fine", however, Like hars I am a little wary about the legal consequences.  I suppose I should get some kind of legal advice first?

Does anybody know if there is a NSW version of that Consumer Action Law Centre letter template?  It would be very handy.  As far as I can tell, though, the only thing that would not apply here in NSW is the "section 32W of the Fair Trading Act 1999", as this applies to Victoria.  If I can find the NSW Fair Trading Act equivalent, I will be set.

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hars View Drop Down
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Joined: 18/December/2007
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Posts: 1 		Direct Link To This Post Posted: 18/December/2007 at 10:38

Hi Ian , have you had any luck with contesting your fine?  I got one the other day at Barkly Square, not realising I had to have a ticket.  I'd like to contest, but don't want to be hit with expensive legal costs down the track. 

 

 

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ian592 View Drop Down
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Joined: 10/December/2007
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Posts: 1 		Direct Link To This Post Posted: 10/December/2007 at 11:08

I recieved a fine at a car park in Springvale shopping centre. I wasn't aware that I had to pay to park in the parking lot that I was in and the signage was virtually non existant. These guys (Care Park) were charging 60 cents an hour to park so the fine at $88 is totally outragous. It's incredible that these guys are allowed to issue these "fines" at all. Just seems to me like another company finding a loophole in the law and exploiting innocent people. Anyway, I did a little research on the internet and found this "fact sheet" supplied by the Consumer Action Law Centre.

http://www.consumeraction.org.au/downloads/PrivateParkingFin eFactsheet.pdf

I will be contesting this fine as they have no authority to issue fines and I hope that anyone who recieves such a fine does not just pay it as this is what these companies are hoping most people will do.

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Lynn Beaton View Drop Down
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Joined: 03/December/2007
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Posts: 1 		Direct Link To This Post Posted: 03/December/2007 at 15:45
I also recently got a car parking ticket. In my case I forgot to get the
ticket from the machine, because i was shopping for a few supplies for
my daughter, who had been released from hospital earlier that day after
surgery to her knee as a result of a bicycle accident. I have shopped at
Barkley Square for over ten years and although I normally display the
required ticket, on this occasion I forgot because I was focussing on
shopping quickly so as to attend to my daughter's needs.

I protested the fine, explaining the situation to the ANCP, but they have
replied to my letter, asking me for receipts. I have paid the fine, because I
am not in the habit of keeping receipts for green groceries, a couple of
pieces of fish and some nuts.

My only option now it to boycott Barkley Square altogether even though it
is my closest shopping centre.

If I can legally protest and have my payment refunded I would be happy
to do so.

shopper

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Hamish View Drop Down
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Joined: 14/November/2007
Location: Australia
Posts: 1 		Direct Link To This Post Posted: 14/November/2007 at 09:14

I have also just recently been fined and as it so happens the inspector must have waited for me to leave my car and fine me immediately.  I was away from my vehicle for 35minutes, so i needed to get a free ticket for that time, what is the point!

I have complained to centre management and will now boycott Barkley Square. 

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retep57 View Drop Down
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Joined: 14/October/2007
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Posts: 1 		Direct Link To This Post Posted: 14/October/2007 at 23:18
well how about this, i picked up  there ticket. put it on my dashboard and they STILL  "fined" me. how can we stop this evil company doing this?  there are many complaints with consumer affairs and councils but nothing seems to have been done, 

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0388 View Drop Down
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Joined: 26/April/2007
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Posts: 1 		Direct Link To This Post Posted: 26/April/2007 at 11:47

Hi, I recently got a car park fine at Barkley Square shopping centre in Brunswick, Vic. At Barkley Square the car parks are operated by Australian National Car Parks, which administer the car park in which you are required to get a ticket.

I can honestly say that I was unaware that you were required to get a ticket and I know that ANCP will not accept this as a excuse. However a recent article in The Age said that ANCP had not sought planning permission for the signs which say that you must get a ticket. I rang the Moreland city council and they were of no help whatsoever. I also rand Consumer affairs victoria and like moreland city council they were no help. I was asking both operators that if they dont have planning permission for they signs than that was illegal therefore they shouldnt be up, hence there were no terms which set out the contract once you enter the car park.

Anyway I wanted to ask, if I was to pay the fine and later down the track it was found out that ANCP signs were illegal and they should be removed, will I be able to get my money back that I paid for the fine?

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