by miss_croft81  07/03/2009  16263 Page Views
74 Comments  Criminal law, traffic matters, DUI, assault, theft, fraud
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. 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.

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).

Care Park Letter to 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.

miss_croft812009-03-08 17:31:47