by asp  30/01/2014  3596 Page Views
7 Comments  Commercial law, litigation, contracts, IP, property law
Hi All,

Firstly I apologise, I understand this subject may have been covered before, I had tried to search the site but it was returning HTTP errors (Site admins may wish to look at :))

I am posting here as I believe this falls under contract law, but happy to be mistaken.

This takes place in Western Australia about a year ago.

we (my wife and I) had recently switched to an electronic parking ticket style system (ipark) which was working well until one day I had received a ticket from Wilson/parking enforcement services. Upon investigation it appears there was a typo on my application with iPark and two of the letters in the rego were reversed. A clear typo.

I appealed the case to Wilson (upon further research seems that might not have been a good idea) but as it was a genuine mistake and such an obvious one I figured they would be forgiving, I was wrong. Out of principle I ignored their repeated demands / threats for about a year until this week.

I received a letter from legal/debt recovery firm Metham legal demanding I pay $80 for "overdue parking breach notice" immediately or further action will be taken.

There are a few issues
1) I am certain I was not driving on the day in question - I understand (happy to be corrected) that these things operate on a contractual basis, if I was not in control of the vehicle I am not sure how I can consent to the contract?)

2) They state "We are instructed to recover $80 from you being the amount due for breach notice NUMBER at TIME/DATE at LOCATION in respect of your CAR MAKE AND MANUFACTURER vehicle registered REGO (debt)." (I have sanitised the capital letters)

The car is not mine, it is not in my name nor do I have any vehicles in my name.

So as far as I am aware, I wasn't driving the car at the time they state, nor is the vehicle in question registered in my name.

Keen to get some thoughts / recommended course of action. I could of course easily pay the $80, but this doesn't sit well with me as there was a ticket purchased, there was just a clerical error.

Thanks in advance,

David