WA Private Car Park Charging for Non-Guaranteed Parking Bay - Legal?

TTam · 4 September 2015

My question relates to parking in a private car park. The company I work for charges for daily parking however you're not guaranteed a bay, and you're charged regardless of using it or not. I would assume you can't be charged for a service that isn't provided so it doesn't seem right to me and wondering if it's actually legal under Traffic Law to do so?

Sophea · 5 September 2015

Hi TTam,

This would actually involve contract law, as you are agreeing to pay the company for the provision of a service. In circumstances where you get nothing for what you pay for, it may be considered a total failure of consideration. This refers to a situation where one party completely fails to perform their side of the contract, so that the other party may have a claim for "unjust enrichment" for refund of the fee they paid.

This may provide basis to request a refund of any fees you have paid on occasions when you have not been able to park in the facility.

TTam · 6 September 2015

Ok thanks Sophea... I got a fine when I parked in a non bay (not obstructing but wasn't marked) as there were no bays left to use which is not uncommon. The fine was reversed when I put in an appeal but they said would go through if I did this again. The problem is not enough bags by a long shot for staff who automatically get deducted from salary, at times so you have to be lucky to find one. So given this, if I looked into it it may not legally stand and they may need to pay money back to many staff. It's very frustrating.

Sophea · 8 September 2015

Yes I would write to them about it and put your concerns down on paper. Perhaps if you got together a few of the employees who feel similarly as you do, you could get a lawyer to provide a letter for you and you could share the cost.

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WA Private Car Park Charging for Non-Guaranteed Parking Bay - Legal?

TTam

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Sophea

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TTam

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Sophea

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