Private car park 'fines', could ignoring them eventually affect your credit rating

[xr6er]

Those tickets under the wiper that private car park operators issue for overstaying or not buying a ticket
As most people would know, whilst they look like parking fines, when you read them carefully they are actually not, they will say something along the lines of "invoice for liquidated costs".
There's always strong debate on how enforceable these tickets are, there's also strong debate over how easy or hard it is for them to get your name and address.
If they do get your name and address (whether it be by you giving your details when you lodge an appeal or some sought of court order) and you still don't pay, can they then report you to a credit agency and affect your credit score ?

 

[trooper]

I thought the debate should be on : Who makes a habit of using services then refuses to pay for them?

 

[Dr Ralph]

'Private car park 'fines', could ignoring them eventually affect your credit rating'


No. Need legal advice contact me

 

[mannej]

I thought the debate should be on : Who makes a habit of using services then refuses to pay for them?

I think you may find that this isn’t just limited to the likes of Wilson with paid parking. Shopping centers with a time limit on parking, but no actual parking fee will slap a consumer with a letter of demand “fine” should the consumer park at the Centre lets say for example for 30 minutes in the morning, and a second time later on that day.

 

[xr6er]

I think you may find that this isn’t just limited to the likes of Wilson with paid parking. Shopping centers with a time limit on parking, but no actual parking fee will slap a consumer with a letter of demand “fine” should the consumer park at the Centre lets say for example for 30 minutes in the morning, and a second time later on that day.

I'm not referring to places where it is boom gated and you pay on departure. I'm referring to car parks that have pre=pay ticket machines or just private shopping centre car parks that want their parking limits enforced. Companies such as Care Park, Ace Parking, Secure Parking etc. Some have signs at the entrance that say something like "by entering this car park you are entering into a contract".

 

[RooFlyer]

Contract or not, if you read that and proceed, you are accepting their terms and conditions , and penalties if they apply. Like any such situation, they will choose whether to enforce penalty, but I dare say they do have ways to find out the car owners details, else word would quickly get around that its a free-for-all ( literally).

Also many of these types of car parks contract out their enforcement to the local council ( who take a cut) and they definitely can enforce ( or at least find you and present a demand for payment).

Tell us again why you ask the question?

 

[mannej]

I'm not referring to places where it is boom gated and you pay on departure. I'm referring to car parks that have pre=pay ticket machines or just private shopping centre car parks that want their parking limits enforced. Companies such as Care Park, Ace Parking, Secure Parking etc. Some have signs at the entrance that say something like "by entering this car park you are entering into a contract".

My comment was in relation to Trooper’s comments, in particular in relation to these car parks that want their time limits enforced.

 

[oz_mark]

Can't see how this would affect your credit rating,unless you get declared bankrupt along the way (and that seems unlikely)

 

[Denali]

Our business complex outsourced parking but found they couldnt enforce the parking fines so its now been outsourced to local council and they are enforceable to State Debt Recovery and those guys don't mess around.

 

[xr6er]

Tell us again why you ask the question?

The subject of these "pretend" parking fines came up in a local FB page, it ended up getting over 50 replies.
What I'm curious about is if they somehow find out your personal details and you still don't pay, can they then be spiteful and report you as not paying a debt and then have it put on your credit record.

Please don't get this topic confused with council issued parking fines or "infringement notices". Which usually get issued on the streets or council owned car parks, they are handled totally differently.

 

[RooFlyer]

Please don't get this topic confused with council issued parking fines or "infringement notices". Which usually get issued on the streets or council owned car parks, they are handled totally differently.

In Hobart many private car parks are policed by Council. They are still unmistakably private type, but are patrolled by Council people on their rounds. You get a council infringement notice if needs be.

 

[Denali]

....Please don't get this topic confused with council issued parking fines or "infringement notices". Which usually get issued on the streets or council owned car parks, they are handled totally differently.

Our parking is privately owned land.

Private parking agents were unable to enforce as they couldnt get the registered owners private information but outsourcing the private parking to council means Council can use their legal muscle to get the info and utilize State Debt Recovery (and they do, Ive seen the fines).

 

[eastwest101]

Wasn't there a scandal a few years ago about these private parking operators bribing state government transport officers to obtain personal registration and licence data from the state governments database? I will have a look and see if I can find it.

There was an extremely long and extensive thread about this on Whirlpool, with some very protracted court battles, but the laws may have changed since then.

 

[BettyB]

I wouldn't worry about those private operators.

 

[burmans]

Our parking is privately owned land.

Private parking agents were unable to enforce as they couldnt get the registered owners private information but outsourcing the private parking to council means Council can use their legal muscle to get the info and utilize State Debt Recovery (and they do, Ive seen the fines).

I've often wondered about the legality and the jurisdictional issue of this. But I'm no lawyer.

 

[k_sheep]

Private car park fines - On the road - Automotive - Whirlpool Forums The whirlpool thread for the curious.

 

[bernardblack]

I don't get this argument. Why should the owner or lessor of land not be permitted to enforce proprietary rights over it?

 

[Denali]

I don't get this argument. Why should the owner or lessor of land not be permitted to enforce proprietary rights over it?

I think problem is identifying the person. You have a rego number but the RTA has no right to give a private individual or company the owners name and address to follow through.

 

[RooFlyer]

Hence the use of Council to enforce ( in some situations). Council simply enacts a by law that where they are contracted to enforce private car parks, those car parks are treated as Councils own ( and the private T&Cs reflect that.

 

[Happy Dude]

I think problem is identifying the person. You have a rego number but the RTA has no right to give a private individual or company the owners name and address to follow through.

It is my understanding that this right varies from State to State. If the "fine" is in a jurisdiction that will give out the owners details, or they get your details somehow, I would not be ignoring the fine. If they get your details and wind up obtaining a court order against you, it will most definitely affect your credit rating.