WA Parking Fine from Wilson Parking?

My wife recently received a breach notice demanding $65 from our local shopping centre for exceeding a 1-hour time limit. I appealed on her behalf on the basis that their signage is contradictory and misleading and in any case, there can be no liquidated damages as this shopping centre does not charge any parking fees.

Received the standard letter back advising the appeal was not successful. So I phoned them and requested they confirm this was their final decision as I intended to take the matter to Consumer Protection. I was told I could appeal again! Which I did and this time was successful - withdrawn as a "goodwill gesture". Seems they are actually nice guys if you say the right thing.

"Nice guys" has nothing to do with it. Private car park operators do not have any legal power to issue fines. It's all a bluff - and they know it.

You should never respond to any such notice.

Say the magic words "complain to Consumer Protection" and they transform into nice guys.

Since they have contacted you again and are threatening further action, I would immediately lodge a complaint with the ACCC for "unfair contract terms". The alleged "liquidated damages" are nothing more than a penalty (fine) and in no way reflect actual losses or costs.

Furthermore, if there is nowhere else to park within reasonable proximity of the shopping centre, then you have no say in "By accepting the parking terms, you agreed to pay liquidated damages if you breached the parking terms" which is also an unfair term in the circumstances.

Also, where are the amounts of these "liquidated damages" defined and for what "breaches" do they apply? Where is all this information displayed?

If it's only displayed at the entrance to the carpark, then it is not reasonable to expect customers to hold everyone up while they stop to read all these alleged "terms". Doing so, would actually lose the company business.

Given that is the case, you can argue that in these circumstances, there is no proper opportunity being given to customers to read and understand the terms and conditions before entering into a contract and therefore, it is not reasonable to accept that entry alone implies consent to those terms and conditions. As such, the terms should not be enforceable and should be void to the extent of their application.

All parking companies know this and use this knowledge to their advantage because they know that no-one is going to stop and actually read the plethora of terms displayed at the entrance. Maybe if everyone started doing exactly that, then these a**eholes would finally get the message.

The company is clearly profiteering. Ignore everything they send unless it's a hearing notice, and lodge a complaint with the ACCC. If enough people take the time to actually complain about this kind of crap, then the ACCC will do something about it.

cyphix said:

Just wanted to note that I recently got a letter in the mail from them, which is interesting as since this happened I have changed vehicles AND addresses.

They sent the standard blah blah..... your car was parked blah blah and said the amount was overdue and I had 14 days to pay it and if it wasn't paid within this time they would use further recovery actions at extra cost to me.

Just want to confirm, they probably won't bother for such a small amount as $65.00, but if they do use extra recovery services I don't particularly want these extra fees to keep racking up and then down the line somehow be forced to pay it and be liable to pay it - is there any way I can be held liable to pay it? Paying $65 is a lot better than paying $300, and I know that's why they chuck that line in there, for scare tactics, but at the end of the day I don't want to give these crooks a cent.

Click to expand...

Any further updates?

Yeah, I plan to ignore all even collection company stuff. I had issues with the app and couldn't pay for several hours and finally able pay... Returned to my car several hours later to find a breach notice was issued prior to me being able to make payment.

They want me to pay the 65 on top of the amount I already paid...

If they want to go to a civil court... Bring it

i also Received a parking breach on windshield in shopping centre for exceeding 2 hour time limit. If I dont pay they could tow/clamp the vehicle away if I then parked in any wilsons parking area. Contacted consumer affairs wa and they said I should payit. I think $65 is a bit much for free parking at the centre. Ive read posts to ignore it,but worried about being clamped/towed in future. Can they still get my address as wilson has previously applied in wa and was given 20,000 motorists details.I cant afford court fees.What should I do?contacted accc but havent heard back.