VIC Fine from Private Car Park - Pay Care Park Fines?

[Aaron Rolfe]

I have been issued with a parking fine from a Care Park private car park. I am just wondering do I have to pay this fine from Care Park as it was not issued buy council or government officials?

If you could please let me know whether you have to pay Care Park fines that would be great or some advice.

 

[Owens Lawyers]

Hi Aaron

Without knowing which state you are in or which private car park operator 'fined' you, I would not think paying would be a good idea.

With some car park fines the operators allege breach of contract and try to claim damages. However, generally the amount they claim is much more than their actual losses, and may not be enforceable.

In NSW, private car park operators will find it difficult to get details so it is possible to just ignore it.

See this fact sheet from Legal Aid NSW
http://www.legalaid.nsw.gov.au/publ...sources/private-car-park-finespayment-notices

 

[Toqual]

Precisely what @Owens Lawyers has said. I personally would take it up with the company who issued the fine.

 

[Owens Lawyers]

Precisely what @Owens Lawyers has said. I personally would take it up with the company who issued the fine.

If you get in contact with the company who issued it then you would be giving them your details. If they haven't already got them (and they probably wouldn't if they left it on your windshield) contacting them may not be in your best interests.

 

[Aaron Rolfe]

This was in toorak melbourne. and the company is called Care park. there is stuff over the internet saying that there is no need to pay

 

[Aaron Rolfe]

Hi Aaron

Without knowing which state you are in or which private car park operator 'fined' you, I would not think paying would be a good idea.

With some car park fines the operators allege breach of contract and try to claim damages. However, generally the amount they claim is much more than their actual losses, and may not be enforceable.

In NSW, private car park operators will find it difficult to get details so it is possible to just ignore it.

See this fact sheet from Legal Aid NSW
http://www.legalaid.nsw.gov.au/publ...sources/private-car-park-finespayment-notices

This was in toorak melbourne. and the company is called Care park. there is stuff over the internet saying that there is no need to pay

 

[Toqual]

If you get in contact with the company who issued it then you would be giving them your details. If they haven't already got them (and they probably wouldn't if they left it on your windshield) contacting them may not be in your best interests.

They can contact authorities requesting your details in order to lodge a Statement of Claim which can easily result in a more significant penalty made by courts. The have adequate reasoning to take you to court due to their Conditions of Entry. Technically you do not have to pay as it was not issued by the Government, although they have the right to take it to Court which could result in a greater penalty.

 

[Toqual]

I suggest you read Care Park's webpage outlining their 'fine' system. I also suggest you read their page state-specific to Melbourne for Objecting their fines. You will be able to gain a greater understanding through reading the two links.

 

[Toqual]

In addition, I assure you that large parking companies such as Care Park, do not hesitate to take these matters to court as they are highly confident that their policies will succeed them.

 

[Owens Lawyers]

This was in toorak melbourne. and the company is called Care park. there is stuff over the internet saying that there is no need to pay

Aaron, I suggest if you are not sure what to do after reading the conflicting posts here that you get legal advice from a community legal centre or Legal Aid before making any contact with the company that issued the fine.

I don't agree with the other responses that say you should contact the company, that they can easily get your details, or that you will face a greater penalty if they take you to court. I would certainly not be relying on information provided by the very company that has tried to fine you. But as this is a forum that is designed to provide legal information rather than advice, you should satisfy yourself about the right option to take by consulting a lawyer in your jurisdiction.

Good luck