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

Discussion in 'Traffic Law Forum' started by Aaron Rolfe, 12 July 2014.

  1. Aaron Rolfe

    Aaron Rolfe Member

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    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.
     
  2. Owens Lawyers

    Owens Lawyers Well-Known Member

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    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
     
  3. Toqual

    Toqual Well-Known Member

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

    Owens Lawyers Well-Known Member

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    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.
     
  5. Aaron Rolfe

    Aaron Rolfe Member

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    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
     
  6. Aaron Rolfe

    Aaron Rolfe Member

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    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
     
  7. Toqual

    Toqual Well-Known Member

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    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.
     
  8. Toqual

    Toqual Well-Known Member

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  9. Toqual

    Toqual Well-Known Member

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    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.
     
  10. Owens Lawyers

    Owens Lawyers Well-Known Member

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    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
     
    John R likes this.

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