Thousands of drivers face regrets after overlooking unexpected parking fee notices
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Dealing with private car park fees often proves tricky for unsuspecting drivers.
A wave of payment notices from a significant parking company has been arriving in mailboxes across Australia, leaving many motorists puzzled and irritated.
The sudden surge has raised questions about transparency and fairness in private parking enforcement.
These notices, some dating back to 2022, have sparked a wave of annoyance among vehicle owners who are now questioning the legitimacy of these unexpected demands for payment.
The situation has become a hot topic, especially in Tasmania, where multiple residents have reported receiving these retrospective notices.
Care Park, which operates across several Australian states and internationally, seems to have caught many by surprise with its sudden payment claims.
One Tasmanian, Bob from Beauty Point, voiced his bewilderment on ABC Radio Northern Tasmania, revealing that he received three fines.
'We got three $55 fines dating back to the 28th of December 2022 in the mail,' he said.
'I have written to them saying we didn't get a first notice, didn't get a second notice, and now we've got these.'
The crux of the issue is that private car parks, unlike councils and courts, cannot issue 'fines' per see.
Instead, it issues payment notices for what it claims are breaches of contract.
Care Park's terms and conditions, which they assert are displayed prominently at their car parks, state that by parking in their facilities, motorists agree to these terms and, by extension, accept liability for any 'liquidated damages' should they fail to comply.
However, the legitimacy of these notices is being called into question.
Alex Martin, a lawyer from Taurus Legal Management, suggested that recipients of these notices should challenge them by requesting evidence of the contract, acceptance of terms, and proof of the parking infringement before deciding on any course of action.
The sudden appearance of old payment notices has raised eyebrows and concerns about the fairness of such retrospective claims.
An anonymous social media user shared their experience of receiving a payment notice with an additional late fee for parking in 2022.
'The terms of payment state I can provide a stat dec (statutory declaration) and nominate another driver,' they wrote.
'But they can deny this at any time if the other driver doesn't accept the payment notice.'
'I can't for the life of me remember who was driving my car in 2022.'
'Could have been me/my partner or any of my housemates at that time, all of whom no longer live in Australia.'
The confusion is compounded when individuals cannot recall who was driving their vehicle at the time, a common issue given the passage of time.
The legal perspective on this matter is intriguing. While claims for breach of contract can be brought up to six years after the event, courts may not look kindly upon the practice of issuing old payment notices.
The difficulty in proving such claims, given that people's memories fade over time, could be a significant hurdle for private parking operators like Care Park.
The advice for those who have received these unexpected notices is clear: do not ignore them, but do not rush to pay.
Instead, take the time to investigate the claim, seek evidence, and consider your legal options.
It's worth noting that some individuals have successfully challenged such notices, and there may be grounds for a broader challenge or even a class action.
As a member of the Seniors Discount Club, it's essential to stay informed and protect yourself from potential unfair charges.
If you've encountered a similar situation with Care Park or any other private parking operator, share your experience.
Your story could help others navigate these murky waters and ensure that motorists' rights are upheld.
Remember, knowledge is power, and in the face of confusing and potentially unjust parking payment notices, being well-informed is your best defense.
In other news, private car park charges arise from contracts with the park owners, which outline terms like time limits and ticket requirements.
Private companies cannot label fees as fines, and drivers are not automatically required to pay without legal justification. You can read more about it here.
Have you ever received a parking notice long after the alleged incident? How did you handle it? What steps would you take to challenge a private car park payment notice you believe is unfair or unclear? Share your thoughts and opinions in the comments below.
A wave of payment notices from a significant parking company has been arriving in mailboxes across Australia, leaving many motorists puzzled and irritated.
The sudden surge has raised questions about transparency and fairness in private parking enforcement.
These notices, some dating back to 2022, have sparked a wave of annoyance among vehicle owners who are now questioning the legitimacy of these unexpected demands for payment.
The situation has become a hot topic, especially in Tasmania, where multiple residents have reported receiving these retrospective notices.
Old payment notices from Care Park for alleged parking infringements dating back to 2022 have been received by Tasmanian motorists. Credit: welcomia / iStock
Care Park, which operates across several Australian states and internationally, seems to have caught many by surprise with its sudden payment claims.
One Tasmanian, Bob from Beauty Point, voiced his bewilderment on ABC Radio Northern Tasmania, revealing that he received three fines.
'We got three $55 fines dating back to the 28th of December 2022 in the mail,' he said.
'I have written to them saying we didn't get a first notice, didn't get a second notice, and now we've got these.'
The crux of the issue is that private car parks, unlike councils and courts, cannot issue 'fines' per see.
Instead, it issues payment notices for what it claims are breaches of contract.
Care Park's terms and conditions, which they assert are displayed prominently at their car parks, state that by parking in their facilities, motorists agree to these terms and, by extension, accept liability for any 'liquidated damages' should they fail to comply.
However, the legitimacy of these notices is being called into question.
Alex Martin, a lawyer from Taurus Legal Management, suggested that recipients of these notices should challenge them by requesting evidence of the contract, acceptance of terms, and proof of the parking infringement before deciding on any course of action.
The sudden appearance of old payment notices has raised eyebrows and concerns about the fairness of such retrospective claims.
An anonymous social media user shared their experience of receiving a payment notice with an additional late fee for parking in 2022.
'The terms of payment state I can provide a stat dec (statutory declaration) and nominate another driver,' they wrote.
'But they can deny this at any time if the other driver doesn't accept the payment notice.'
'I can't for the life of me remember who was driving my car in 2022.'
'Could have been me/my partner or any of my housemates at that time, all of whom no longer live in Australia.'
The confusion is compounded when individuals cannot recall who was driving their vehicle at the time, a common issue given the passage of time.
The legal perspective on this matter is intriguing. While claims for breach of contract can be brought up to six years after the event, courts may not look kindly upon the practice of issuing old payment notices.
The difficulty in proving such claims, given that people's memories fade over time, could be a significant hurdle for private parking operators like Care Park.
The advice for those who have received these unexpected notices is clear: do not ignore them, but do not rush to pay.
Instead, take the time to investigate the claim, seek evidence, and consider your legal options.
It's worth noting that some individuals have successfully challenged such notices, and there may be grounds for a broader challenge or even a class action.
As a member of the Seniors Discount Club, it's essential to stay informed and protect yourself from potential unfair charges.
If you've encountered a similar situation with Care Park or any other private parking operator, share your experience.
Your story could help others navigate these murky waters and ensure that motorists' rights are upheld.
Remember, knowledge is power, and in the face of confusing and potentially unjust parking payment notices, being well-informed is your best defense.
In other news, private car park charges arise from contracts with the park owners, which outline terms like time limits and ticket requirements.
Private companies cannot label fees as fines, and drivers are not automatically required to pay without legal justification. You can read more about it here.
