WA Parking Breach Notice from Wilson Parking - What to Do?

[Saxon072]

I received a parking breach notice of $65 from Wilson parking due to having my purchased parking time expired. I appealed to Wilson parking due to the fact that I had actually attempted to pay for parking, however, was unable to do so due to their ticket machines not working.

I attempted to pay at 2 different machines & am able to verify this with a statutory declaration from an eyewitness who saw me attempt to pay.

My appeal has been rejected & I have lodged a 2nd appeal.

If my 2nd appeal is again rejected, based on my witnessed attempts to pay for parking on two occasions, do you think I would have a chance of achieving a favourable outcome disputing this in court?

The breach also states that my ‘purchased parking time expired’, which technically is incorrect, as I was unable to purchase parking time due to their machines not working.

Thanks in advance for any help you may be able to provide.

 

[Rob Legat - SBPL]

In my understanding, the courts tend to take a dim view of parking companies pursuing people in circumstances where they are unable to pay for the parking when they reasonably attempt to do so. I would pay the amount you would otherwise have paid for the parking if you were able. This means you have 'clean hands', being able to say you are not refusing to pay the amount you should have paid for the parking had the machine worked. Then inform Wilson that you dispute liability on the basis that you were not reasonably able to make the payment at the required time due to fault on their part, and should they wish to take further legal action against you then you intend to defend it on that basis.

The catch for you may be that if the machines had a notice to call Wilson (or their agent) if the machines were not working, and you failed to do so, then you may not be considered to have done what is reasonably required.

 

[Saxon072]

Hi Rob & thank you for your reply.

To be honest, I’m not sure if there was a contact number on their machines to phone in the event of them being faulty. I was starting to be pressed for time after I had tried 2 of their machines with no luck, as I was due to depart on a 3 hour cruise with my family on a yacht that had already been previously purchased.

My parents who had parked their vehicle 2 bays away from mine were also unable to purchase a ticket, yet received no parking breach notice.

In their photographic evidence there is numerous other parking tickets located on my dash, which shows that I’m always prepared to pay for parking when I’m required to.

If I pay the amount that it should’ve cost me to park there & they refuse to accept that, are they then obliged to take me to court or do I need to start the court process to appeal the breach notice further?

 

[Rob Legat - SBPL]

It's up to them to take you to court. At the moment it's only a demand by them, and no debt is proved.

 

[muz28]

This is a story posted by Isobel Roe of the ABC on 02.02.2018 - Payment demands from shopping centre car parks 'may be unenforceable'

Around two years ago, Cr Mark Burns of the City of Subiaco labeled Wilson Parking "Corporate Psychopaths" in regard to their practice of handing out "fake fines" to motorists. “They are like vultures on a barbed wire fence, just waiting for you to stay one minute over and charge a $65 fine,” Cr Mark Burns said. Cr Burns should have been commended at the time for his speaking out highlighting to the unsuspecting public about the true nature of this business model rather than being censured. Corporate psychopaths: Subiaco councillor censured on parking