WA Wilson Parking claim for damages. I was not the driver!

[Travis Calley]

Hi
Back in March 2019, my wife parked at a shopping centre in the car that I had given to her (but not transferred ownership). In the days previously, the carpark owner Wilson Parking had put up small signs around the carpark saying that there was now a 3 hour limit for parking there where there hadn't been a limit before.

The car was parked there for more than 3 hours, and Wilson parking issued a "fine" of $65 for exceeding the time limit. As per advice I'd been given, I ignored it. A few months later, a claim was sent to my address in my name after they obtained my details from the number plate.

I was not the driver of the car that day, and I have GPS proof that I was nowhere near the area that day. I have declared to them that I was not the driver of the car and asked them to withdraw their claim against me. I did not enter into any agreement with them for which they are able to claim damages against me.

Their claim has since been referred to a debt collector who are now harassing and threatening me.

What should I do? Can I take them to court and claim damages for the anxiety and harassment? I am 100% innocent of any wrong doing here.

 

[Atticus]

The car was parked there for more than 3 hours, and Wilson parking issued a "fine" of $65 for exceeding the time limit. As per advice I'd been given, I ignored it.

Hmmm... Don't know who you got your advice from but I think ignoring it was a mistake.... I would have told them the facts & offered a stat dec... You may have needed to supply the name of the driver & they would be chasing them, the person responsible..

 

[Travis Calley]

Hmmm... Don't know who you got your advice from but I think ignoring it was a mistake.... I would have told them the facts & offered a stat dec... You may have needed to supply the name of the driver & they would be chasing them, the person responsible..

I've sent a stat dec saying that I was not the driver of the car.

 

[Atticus]

Did you supply the name of the driver?... If so you may have a legitimate reason to be aggrieved. Certainly not to the point of suing for anxiety though.

If you have not supplied a name then just like most fines, they will pursue the registered owner for payment... There are guidelines within which debt collectors must operate, >>>> Debt collection guideline for collectors & creditors

You can lodge a complaint if they violate them, but they would be within their rights to pursue a legitimate debt, ie, your car was parked in a timed area that exceeded that time

 

[Travis Calley]

Did you supply the name of the driver?... If so you may have a legitimate reason to be aggrieved. Certainly not to the point of suing for anxiety though.

If you have not supplied a name then just like most fines, they will pursue the registered owner for payment... There are guidelines within which debt collectors must operate, >>>> Debt collection guideline for collectors & creditors

You can lodge a complaint if they violate them, but they would be within their rights to pursue a legitimate debt, ie, your car was parked in a timed area that exceeded that time

The care in question is used by friends and family. I have no idea who was driving it back in March, and I have told them that. But I have proof that I wasn't driving it.

 

[Atticus]

Back in March 2019, my wife parked at a shopping centre

Except you wrote this... sooo

 

[Travis Calley]

Except you wrote this... sooo

Yes. But I told them I have no idea. I'm not about to have my wife in the firing line either.

 

[Atticus]

I think you'll find they are within their rights to pursue you, the registered owner, unless you provide a name.... I expect they suspect you have some idea who may have parked there & like any such fine, a stat dec alone is not sufficient, you need to supply name/s....

Like I said, if they exceed their rights as set out in the guideline you can lodge a complaint about that, but that won't mean they will be stopped from pursuing payment..... another option is to seek dispute resolution via ACCC...

 

[Travis Calley]

I think the whole point is that I have proof that I wasn't anywhere near their carpark on the day, and their claim for damages is based on an assumed agreement with their contract (signs in the carpark). That agreement isn't with me. Having not entered that carpark on that day, there was no agreement with me, therefore the claim for damages is in error.

 

[Atticus]

I have GPS proof that I was nowhere near the area that day

I assume you mean the above... Isn't that just proof of where the GPS was, not necessarily you