Received a 'Overdue Parking Breach Notice' in my letter box

yycgzd on 08/02/2017 - 19:34
Last edited 09/02/2017 - 18:57

I just received a letter from Parking Enforcement Services Overdue Parking Breach Notice, saying that my vehicle was parked at BNE101 - Toowong. It says the notice is overdue and they require payment of $65 within 14 days.

It is the Wilson Parking in Toowong. I was wondering why did these mob get my personal details such as my name and home address. The only one I can think off is QLD Main Roads who may have provided my personal info to this private parking company. Is it already a breach of privacy law by Main Roads?

And last but not least, should I pay?

EDIT:
My concern is how did they manage to get my name and home address.

This is so alarming that everyone of us should ask who gives them those private details???

Poll Options

  • ?
    Pay $65
  • ?
    Do not pay and ignore them
Financial

Comments

  • happychild100 on 08/02/2017 - 19:59
    +1

    I'm pretty sure you don't have to pay it? Unless things have changed
    https://www.choice.com.au/transport/cars/fines/articles/priv…

  • burningrage on 08/02/2017 - 20:27
    +2

    In Victoria, laws have been amended so VicRoads (probably the QLD Main Roads equivalent) cannot provide any details to these sort of companies.

    I am not sure in Brisbane if that's the case.

  • spackbace on 08/02/2017 - 20:32
    +2

    The question is, did you do the crime…?

    • [Deactivated] on 08/02/2017 - 20:49

      Yeah, but, it's not a crime.

      • spackbace on 08/02/2017 - 20:54

        It's a phrase

        But it should come into consideration… Did the OP get a parking ticket and not pay it?

        • yycgzd on 08/02/2017 - 21:09

          Yes, I didn't pay for parking. But the question is why did they get my personal info….

        • spackbace on 08/02/2017 - 21:59

          @yycgzd:

          Question doesn't need to be asked. Just pay the fine.

        • tranter on 08/02/2017 - 22:32

          It's not a fine or 'parking ticket'. Private companies are not allowed to issue fines.

          It's a breach notice made up to look like a fine - as in breach of contract. But it's highly questionable whether a contract was even entered into in the first place.

        • spackbace on 08/02/2017 - 22:33
          +3

          @tranter:

          But it's highly questionable whether a contract was even entered into in the first place.

          You mean by parking in a private carpark with signs everywhere stating that it costs to park there?

        • tranter on 08/02/2017 - 22:56
          +4

          Yes. Such a so called 'contract' would not stand up to any kind of scrutiny. It's up to the company to prove that a breach of contract occured between parties.

          They can't do this unless they can identify the driver of the car. If a contract did exist it would be between the driver of the car and the company. It's not the same as a parking fine on the street.

          Even if they did prove the identity of the driver (which they won't), the amount they demand for payment would have to be a reasonable amount that reflects their loss or costs associated with the car being parked without a ticket or over the free time limit.

          $65 is not reasonable in most cases, although of course I don't know how long OP was parked there.

        • spackbace on 08/02/2017 - 23:02
          +8

          @Spackbace:

          Lol loving the negs :) Clear to see how bad some peoples' moral compasses are.

        • tranter on 08/02/2017 - 23:04
          +2

          Wasn't me by the way. I hate this feature of Ozbargain.

        • Cheeper on 09/02/2017 - 00:48
          +2

          If you use their facilities (parking)and did not pay then you should pay.
          Did you know that you had to pay to use their parking lot or did you think it was free?

        • MrBear on 09/02/2017 - 07:55
          -1

          @Spackbace:

          It's not just the costs, but the terms and conditions too, but, you mean the ones where the writing is so tiny, you need a magnifying glass to read if you are standing in front of the sign, and it is impossible to read it from your car.

  • Chef-Johnson on 08/02/2017 - 20:55
    -1

    That's bs if the council gave them your info,

    • spackbace on 08/02/2017 - 21:03

      The council didn't…

  • djkelly69 on 08/02/2017 - 21:20
    +1

    Check wording of the notice carefully - is it just a request for payment or an invoice or what?

    General contract law says a penalty like this is unenforceable, but probably need to know about actual circumstances.

  • tranter on 08/02/2017 - 21:31
    -1

    You should not pay. Never admit to them it was you who was driving the car.

    There is no way they can determine that it was you who was driving the car when it entered the car park.

    Consider sending them a letter such as the one mentioned in this link: http://www.justanswer.com/australian-law/8q65s-received-park…

    They probably got your details by applying to the courts.

    • airzone on 08/02/2017 - 22:44

      good info

  • iSamurai on 08/02/2017 - 21:47

    Was this at the former Woolworths Toowong carpark?

    • yycgzd on 09/02/2017 - 18:55

      Yes it was, I realised it was not a free parking when I received the ticket….

      • iSamurai on 09/02/2017 - 19:22

        They said cameras installed but I haven't seen a number plate scanning camera at the entrance? I thought they were just bluffing when they put that sign up :P

        I also received one of their parking tickets a few years back. I don't think it's legally enforceable after watching the ABC's The Checkout but didn't want to deal with the potential harassment so ended up paying it :/

  • poboy on 08/02/2017 - 23:29

    If they are asking for liquidated damages, or avoid using the word 'fine', then just ignore it.

  • [Deactivated] on 08/02/2017 - 23:41

    Terms and conditions are at the front entrance of these "parking lots"
    If its toowong woolworths then its 2 hours, display a ticket which is free, but recently has gone to ANPR ticketless, btw its still there, and I am sure Wilson still manage it either way, its 2 hours from last memory

    They do not need to prove you were the driver, they apply a blacklist to any number plate that attends, illegally parks over the allocated time (2 hours) and then sends out a notice that goes unpaid, they then can legally clamp / tow the car away and recover costs.

    Milton Mcdonalds is no different from memory with their management and ANPR system

    Personal details would of come from their investigation into the number plate, also perfectly legal as by parking on site you agree to their rules / enforcement procedure but provided you actually did park there I see no issue with contesting it

    If you did not do the wrong thing then you can apply to them to contest it but good luck, a car goes around and checks plates and a ticket officer then provides the fines, perhaps it blew off or was taken by a passer by

    Be careful of these guys though, I have seen them enforce people who don't pay their fees at Milton Mcdonalds and people come back to clamped tyres as these guys

    • tranter on 09/02/2017 - 00:40

      Wheel clamping is illegal in Qld unless it's the state government trying to recover a large outstanding debt from someone who racked up many fines.

      I doubt Wilson's would go to the trouble of towing in most cases to try and recover a relatively small amount of money. Most car parks would be very difficult to tow from. They have low ceiling with very little room to manouvre and truck would block car park traffic in what are mostly very busy car parks.

    • mattyman on 09/02/2017 - 10:56
      +2

      Could always buy 4 wheel clamps and park there whenever you want … Just make sure you clamp all wheels so they can't.

  • Itburns on 09/02/2017 - 07:24
    +1

    The issue here is that they have no legal right to "fine" you. They have a right to charge you for the cost of you not paying the parking fee (e.g. the fee + $ for issuing the notice, the cost of personnel involved etc - say $10). So, now it comes down to you either ignoring the demand for payment & being willing to put up with many letters of demand that constantly escalate to the point that they will issue a court hearing (& probably not proceed), or pay the fine & it will all go away.
    I have used both approaches - I recommend paying the fine & sucking up the injustice - it's a lot less hassle.

  • universe on 09/02/2017 - 08:52

    I agree they can't fine you, but i have seen in NSW some car park put in their T&C's that you give permission to have your car towed or clamped if you abuse the parking space. Costs well over $200 to get back a impounded car.

  • yycgzd on 09/02/2017 - 18:57
    +1

    My concern is how did they manage to get my name and home address.

    This is so alarming that everyone of us should ask who gives them those private details???

    • iSamurai on 09/02/2017 - 19:27

      Did you email them on their website telling them you did not do it on purpose etc.? If so was there any chance you might have put in your phone or email address?

    • modsec802 on 09/02/2017 - 20:03

      Just google it. You'll see they take a whole heap of these fines to court and request the registered owner of the cars. The thing is they can't prove you as the registered owner was actually using the car that day. So that's why people don't pay it.

      But it all comes down to peace of mind. Would you rather not pay and get a series of increasingly threatening letters addressed to you, or just pay it and move on. Up to you.

  • whooah1979 on 09/02/2017 - 20:23

    https://www.qld.gov.au/law/your-rights/consumer-rights-compl…

    Payment notices or demands for payment are not fines. Only governments or courts can issue fines.

    To enforce the payment notice, the operator would have to:

    take action through the courts
    justify their breach of contract claim with evidence
    secure a ruling that you did not meet the terms and conditions of the contract.

  • whooah1979 on 09/02/2017 - 20:28
    +1

    pay the $65 and sleep well at night.

    don't pay the $65 and sleep even better at night knowing that these unscrupulous operators didn't manage to scam you.

  • whooah1979 on 09/02/2017 - 20:32
    +1

    all you need to know about private car park payment notices.
    https://forums.whirlpool.net.au/forum-replies.cfm?t=1512784

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