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

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Tim W

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28 April 2014
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I agree with Owens Lawyers.
Remember, these are not "fines" (even if they use that word) - because
they are not penalties issued by a law enforcement authority in respect of an offence.
 

Toqual

Well-Known Member
10 July 2014
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Exactly @Tim Williams they are simply demands for a payment, although you are not at all obliged to respond to the demand as it was not issued by a council. However, like any other individual or business, they have the right to take the matter to court.
 

Tim W

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28 April 2014
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Except for the economic absurdity of doing so,
it might reasonably be actioned as a breach of contract.
Depends on the T&Cs of the use of the car park.
 

KingBonz

Member
7 August 2014
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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

Is it not true that to obtain a breach of contract judgement that they would need to identify who the driver of the vehicle was as this is who the use of the parking facility contract is with? They get the details of the registered owner and assume that this is the driver. Wouldn't they need to prove this was the case?
 

Owens Lawyers

Well-Known Member
13 June 2014
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Is it not true that to obtain a breach of contract judgement that they would need to identify who the driver of the vehicle was as this is who the use of the parking facility contract is with? They get the details of the registered owner and assume that this is the driver. Wouldn't they need to prove this was the case?
Yes, that's pretty much correct. However this issue of private car park "fines" has been complicated by some allegedly dodgy business practices.

It is not uncommon in some debt matters for one party to assert rights they don't technically have, and for the other party to fall for it because they've received an official looking letter.

But yes, the contract, if there is one, would be with the driver and the car park company should need to prove who they entered into a contract with.
 
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