QLD Parking Fines at Car Park - Legal Under Traffic Law?

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Deathowl

Member
9 December 2016
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So as a staff member of Sunshine Coast Plaza, the other day I received a parking 'fee' from Pripark. Keep in mind that the parking lots aren't boom gate operated, or display tickets, just a 6h limit.

Staff have been told (and only verbally, no signage on the car parks) that they need to park in the offsite car park from now on ( this nominated park has also changed once with no warning).

The ticket is for $55 with a $43 "administration fee' after 7 days. The breach that was selected on the ticket was "unauthorised staff, tenant, contractor, student". What wasn't ticked was the exceeded time limit breach which the sign post only state a time, not staff.

Do I have any leg to stand on under Traffic Law?

Are they able to "legally" obtain my details from registration to issue further 'fees'?

Any help would be much appreciated.

Regards
 
S

Sophea

Guest
You essentially enter into a contract to park your car in a company's car park and by doing so agree to the terms of parking there. Private car park operators base their demands for payment on an alleged breach of contract.

The company is basically alleging that the contract is breached by you not adhering to the terms of the contract and the demand for payment represents the alleged loss suffered by the company. A parking payment notice is not a fine – but rather, a demand for payment of liquidated damages for breach of contract.

The legal position is unsettled, however if there is a binding contract – which may or may not be the case – the certain terms of that contract may be unfair and the amount demanded may be an illegal penalty rather than a genuine assessment of the company’s loss.

You basically have 3 options:

1. Do nothing, its up to them to chase you for payment. At the end of the day they would need to institute legal proceedings to recover the money from you and that would cost more than they are claiming.

2. Write to the company and set out why you believe you have not breached the terms of any contract you entered into with them to park there or assert that the fine is otherwise unlawful.


3. Pay it and move on.

Check out this article for additional info:
https://www.lawanswers.com.au/blog/private-car-park-fines-know-your-rights/