Hey guys, I need a little advice on private parking enforcement. This situation is a little confusing, so please bare with me and this post is going to be very long.
So this private parking is for staff parking space (or anyone staying in the area for a full day). I booked my park, paid full amount of parking fee. However, I made a simple typo mistake (3x) with my rego number, I typed 1 wrong number. When the parking enforcement people sent me the 1st notice ($65 fine), that is when I realised my error. So of course I put forward my appeal right away explaining the matter including the other 2 errors.
Now when they responded, they said. They will "wave the other 2 but stand the first one, because it apparently had created a lot of administration for them. Now bare in mind that in accordance to their 'T's&C's', the fee I paid for my parking ($6) is for their administration work.
Also on their response "I have to pay that $65 in 7 days for their offer to be in effect (that 7 days is within the 21 days of payment to be made of the notice period).
I called Citizens Advice Bureau to get an advice, they said I can 'refuse to pay it', speak to the enforcement people. If that doesn't work, take them to FairGo and Disputes Tribunal or Consummer Protection NZ.
At this point I was getting anxious, because I do feel that for a very minor error, I'm being charged for a huge amount when I paid in full for my parking.
Anyway, I did as was adviced. I contact the organistation, I literally pleaded that I couldn't afford to pay $65, which I honestly couldn't and it was during Christmas which is an expensive time of year.
I apologised for the mistake and if it happens again, I will do my due dilegent to pay for it (probably the wrong words to use on my part). Anyway, I couldn't do much about it.
Now, after their first initial response I sent back my pleading email. Which was ignored 6-7 times until I said to 'not ignore my email'. This is where they then got back to me, that unless I can prove I have not breach their condition of 'I must put in the correct rego number' (Not written however is if I did, I will be fined). There will be 'no' further correspondence from them, unless I paid the amount due, further charges will be incur and will be refer to debt collection.
So I challenge it, studied their T's&C's etc. After that I heard no more from them, no response to my challenge email whatsoever.
I felt threatened, for me it basically says 'Pay up or pay more and bad credit under your name'.
Fast forward, few weeks later. I recieved another notice, they have now added $20 extra for late payment, its now $85 and I must pay within 14 days. (According to Private parking code of conduct) They must send me a reminder notice within 28 days of the first initial one (adding another 14 days). But they didn't send me a reminder letter, they went straight to additional charges.
Now first, when the notice was sent, it was passed the 14days, gave me no time to asses it which would then have incur more charges for me.
Second, 2 other notices arrived, all in the same day of the obove notice (these were the other 2 mistakes). I thought, oh shiittake mushroom (another two $85 notices). That's now 3!!
Third, full mode panick attack! I did some online research, it turns out and according to 'Private parking code of conduct' when sending a additional charges notice, the enforcement company should give another 21 days for payment but they only give me 14 days.
Then, another letter came in the mailbox. This time it was from a debt collector, guess what, I now owe them $405. Shiitake bloody mushroom!
Right away, I got in contact with Consummer Protection, Commerce Commision and Disputes Tribunal. I asked them if I have a case and no one, I mean 'no one' can give me a straight aswer.
I had no choice, I sent the enforcement organisation I would be making a claim of $405. Report them to Commerce Commision and Fairgo for what I believe is unjustifiable.
Enforcement organisation got back to me, saying their "Action and cost is accordance to with the terms and condition on display in the car park and get myself familiarised with 'UK judgements issued in Cavendish Square Holdings BV v Talal El Makdessi & ParkingEye Ltd v Bevis. The same approach was followed in the NZ Supreme Court in 127 Hobson Street Ltd v Honey Bees Preschool Ltd".
What on earth! More online reaserch.
Finally, I managed to get in contact with Community Law Centre. When they said, this can be considered unreasonable. I sighed in relief I thought, finally someone is willing to help me.
However, hope came crushing down. Community Law could not help me, its out of their funded service.
Now I don't know what to do. I will still push forward with my claim. So hoping someone can help me with the law here, I'd be really greatful.
Please no hateful comment, I don't need it right now. I'm already stressed out and I'm only asking for advice.
If you need more info, I'd be happy to provide :)
Thank you!
OK, first things first - try to get calm. You are quite reasonably very stressed about this, but you will almost certainly be fine.
1) It isn't very easy for them to enforce the ticket. This is not like a speeding fine issued by the NZ Police or a parking ticket issued by your local council. It's just a private business claiming that you owe them money. The referral to a debt collector doesn't change that - a debt collector cannot reach into your bank account and take your money. If you want to recover a debt, you actually have to go to the Disputes Tribunal or the court. I've been parking in Wilsons parks for years and haven't ever had this happen.
2) lol, Honey Bees isn't the killer bee they are making it out to be. It has changed the law on penalty clauses from the previous position (which means a lot of the advice on MoneyHub and various forums is out of date, but it doesn't mean parking tickets are slam dunks now. Substantively, their case seems pretty weak. I understand from your post that you actually paid the relevant parking fee on all three occasions. Why is this relevant? First, if they ever actually went to the Disputes Tribunal, you'd probably get some sympathy points from the referee. But secondly, the whole idea of the Honey Bees Supreme Court case was that the court/tribunal should engage in a sort of 'proportionality' test - you basically look at the interest that the consequence in the contract is trying to support (compliance), and consider whether the consequence is "out of all proportion" to that interest - i.e. is it a legitimate incentive, or a money grab? If you hadn't paid and had no intention to do so (like me, roflmao) then maybe they'd have some argument there. But you'd actually paid the market rate, which is probably relevant to that proportionality test.
3) They're seeking to rely on contractual fine print. At the very least, that requires adequate signage. I park at least once a week in a Wilson's park near my work that doesn't have adequate signage with the terms written on it. This is a prerequisite for a contract being formed, but also stipulated in the Code of Practice you refer to as well. Maybe have a look and see if the signage is actually there and can be seen clearly as you drive in by vehicle (e.g. not in a dark corner).
4) Honey Bees also says "where there is evidence of unequal bargaining power, or where one party is not legally advised, a court will scrutinise more closely the innocent party’s claims as to the interests protected, and also the issue of proportionality" - it's not that the Court will let you get away with it because Wilson is a big company, but rather that the Tribunal/Court will take a thorough look and not necessarily accept the terms on the sign at first glance.
In terms of practical way forward, I'd suggest emailing "[email protected]" and cc'ing in "[email protected]" (if Credit Consultants is the company they engaged). You might want to say something like:
Also, even though I am a lawyer, none of this should be taken as legal advice - all just helpful information and hot takes from a fellow Cheapies member.