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Topic # 113712 25-Jan-2013 13:51 Send private message

So last Saturday night I parked in the viaduct beside Wildfire. The sign stated Weekend Parking 6am - 6pm Maximum $14. I parked at 5:30ish and went to pay. It would only allow me to pay a maximum of $6 and that covered me till 6:06pm. Based on that I understood that I had paid till the 6pm time after which parking wasn't charged for. My wife and I both had the same understanding.

I got a fine for $65 and I sent an email with a picture of the meter, explaining the situation and I get a letter the next day which didn't relate to the situation, clearly a standard first response letter which doesn't reflect the original complaint. So I called up to ask to speak to someone and was refused saying all responses must be in writing. I said, that my last response wasn't replied to in line with the complaint I raised and she said to write a complaint about that too. Hopeless. 

Anyone know anyone at PESNZ that I can speak to directly as I feel they just intend to send these bulk responses until they can add fees to the existing fine regardless of the circumstances?

I don't mind paying for the parking I used, but $65 for being 1 hour over, when I couldn't have paid more if I wanted to, seems a little harsh.


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  Reply # 750719 25-Jan-2013 14:02 Send private message

If you ask to speak to someone, then they should put  you through or get someone to call you back, otherwise it is just poor customer service. Especially if you have already put it in writing and didn't get a reply to the actual problem.

Possibly complain to the commerce commission if you believe you have been misled in their advertising. But the disputes tribunal is hte place to go to get disputes resolved.

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  Reply # 750722 25-Jan-2013 14:03 Send private message

mattwnz: If you ask to speak to someone, then they should put  you through or get someone to call you back, otherwise it is just poor customer service. 


That's assuming they have a customer service at all... 




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  Reply # 750731 25-Jan-2013 14:11 Send private message

Wilson parking not charging for overnight parking, doesn't sound like them....

Was is here?

http://www.wilsonparking.co.nz/go/wilson-carparks/auckland/princes-wharf

If so, it looks like the weekend rate only applies until 6pm , when the night rate kicks in, 

It sounds like you were expected to go back after 6pm and purchase another night ticket!!!

Wilson parking seems to make it intentionally difficult to dispute things in a personal manner,  I don't think you will get them to waive their fee, and to be honest I would just pay it, the time and effort you are going to have to exert to get them to waive it will likely be significantly more than the $65 fee 

Yeah I know it is a bummer, but chalk it up to experience... ( and declare a vendetta on Wilson's )

[Moderator edit (MF): removed some words that could be libel]


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  Reply # 750732 25-Jan-2013 14:13 Send private message

Or just don't pay it.  They can't really make you.  Make it clear to them (preferably in writing) that it's in dispute.



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  Reply # 750735 25-Jan-2013 14:14 Send private message

wellygary: Wilson parking not charging for overnight parking, doesn't sound like them....

Was is here?

http://www.wilsonparking.co.nz/go/wilson-carparks/auckland/princes-wharf

If so, it looks like the weekend rate only applies until 6pm , when the night rate kicks in, 

It sounds like you were expected to go back after 6pm and purchase another night ticket!!!

Wilson parking are lower than pond scum and make it intentionally difficult to dispute things in a personal manner,  I don't think you will get them to waive their fee, and to be honest I would just pay it, the time and effort you are going to have to exert to get them to waive it will likely be significantly more than the $65 fee 

Yeah I know it is a bummer, but chalk it up to experience... ( and declare a vendetta on Wilson's )


Yah I know it's not likely and yes that is where we parked and yes I expect they expect that if you park at 5:30 you need to come back at 6pm which isn't reasonable as I was at dinner with friends, where *I* was hosting!


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  Reply # 750736 25-Jan-2013 14:14 Send private message

wellygary: If so, it looks like the weekend rate only applies until 6pm , when the night rate kicks in, 

It sounds like you were expected to go back after 6pm and purchase another night ticket!!!


That's what I thought when I read the OP.







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  Reply # 750737 25-Jan-2013 14:14 Send private message

ubergeeknz: Or just don't pay it.  They can't really make you.  Make it clear to them (preferably in writing) that it's in dispute.


What stops them lodging it with debt collection? 



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  Reply # 750738 25-Jan-2013 14:17 Send private message

ubergeeknz: Or just don't pay it.  They can't really make you.  Make it clear to them (preferably in writing) that it's in dispute.


This. The worst that can happen is that they take you to the disputes tribunal to get a legal judgment against you to try to collect. At which point you've got a pretty good chance of it going your way. And since the court filing fees are more than $65, they won't bother.

If it was a fine from the council/police it would be different.





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  Reply # 750742 25-Jan-2013 14:19 Send private message

SaltyNZ:
ubergeeknz: Or just don't pay it.  They can't really make you.  Make it clear to them (preferably in writing) that it's in dispute.


This. The worst that can happen is that they take you to the disputes tribunal to get a legal judgment against you to try to collect. At which point you've got a pretty good chance of it going your way. And since the court filing fees are more than $65, they won't bother.

If it was a fine from the council/police it would be different.



Could they block me from Parking at Wilsons Carparks in the future or anything like that? If they took me to disputes, could they get costs awarded (They are already warning me about $20 admin fees they will add if we don't pay in the next 10 days).


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  Reply # 750743 25-Jan-2013 14:19 Send private message

If the machine though wouldn't let him pay for longer, then that isn't his fault. It shows a fault with their system. It isn't reasonable to expect someone to have to go back to pay again 30 minutes later, just because their parking system can't handle it. There needs to be regulation and standards for parking and towing, as self regulation isn't working, as shown by all the complaints. Could be another good one for fair go.

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  Reply # 750744 25-Jan-2013 14:19 Send private message

You parked at 5.30 am or pm? have to ask : ). Either way, if there was truly no way to pay more than $6 then it sounds like they must send out many of these notices every week. Which would be a bit of a rort really.

You could send them a cheque for the amount outstanding with a letter outlining your parking time with a line saying banking the cheque will be regarded as full settlement. Someone will probably bank it without reading it properly ; ). I doubt that has much legal standing in itself but it probably helps.



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  Reply # 750746 25-Jan-2013 14:21 Send private message

mattwnz: If the machine though wouldn't let him pay for longer, then that isn't his fault. It shows a fault with their system. It isn't reasonable to expect someone to have to go back to pay again 30 minutes later, just because their parking system can't handle it. There needs to be regulation and standards for parking and towing, as self regulation isn't working, as shown by all the complaints. Could be another good one for fair go.


They are stating in the letter (Even though I didn't claim a fault) that if you determine a machine is faulty, you must leave the carpark and regardless of anything else, you are responsible. 




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  Reply # 750750 25-Jan-2013 14:22 Send private message

gzt: You parked at 5.30 am or pm? have to ask : ). Either way, if there was truly no way to pay more than $6 then it sounds like they must send out many of these notices every week. Which would be a bit of a rort really.

You could send them a cheque for the amount outstanding with a letter outlining your parking time with a line saying banking the cheque will be regarded as full settlement. Someone will probably bank it without reading it properly ; ). I doubt that has much legal standing in itself but it probably helps.


5:30pm.

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  Reply # 750751 25-Jan-2013 14:23 Send private message

networkn:
ubergeeknz: Or just don't pay it.  They can't really make you.  Make it clear to them (preferably in writing) that it's in dispute.


What stops them lodging it with debt collection? 




If you dispute a fee, I don't believe you can, and I don't think debt collection agencies will take on disputed accounts. 
I believe if a company does take you a collection agency and you have previously disputed it, I think you can potentially sue the company for damaging your credit rating.

The disputes tribunal is the place for this sort of thing.

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  Reply # 750752 25-Jan-2013 14:25 Send private message

networkn: 

Could they block me from Parking at Wilsons Carparks in the future or anything like that? If they took me to disputes, could they get costs awarded (They are already warning me about $20 admin fees they will add if we don't pay in the next 10 days).



Possibly, I suppose it depends on what was in the fine print you supposedly agree to when you park there. But I doubt they hand out blacklists to every tow-truck driver in Auckland.

Having costs awarded is possible but not guaranteed. I would send them one more letter telling them you don't intend to pay, giving your reasons, and that you trust that settles the matter. That way if it comes to court you can show you did everything reasonable.




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