Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.
Buying anything on Amazon? Please use the Geekzone Amazon aff link.


Filter this topic showing only the reply marked as answer View this topic in a long page with up to 500 replies per page Create new topic
1 | 2 | 3 | 4 | 5 
2001 posts

Uber Geek
+1 received by user: 252

Trusted
Subscriber

  Reply # 751869 28-Jan-2013 11:26 Send private message

mattwnz: But why isn't the commerce commission stomping down on this sort of thing if they are only allowed to claim for actual expenses incurred. If it is operated by an overseas company, then all this money being generated this way is stripping NZ of it's wealth.

A question only the CC can answer! Maybe it's something they regard as a trivial matter? Maybe it's something they regard as a legal minefield and they just don't want to go there?

However, I hardly think NZ is being stripped of it's wealth Smile

As for "all this money being generated" - that's really the crux of the matter. We have no idea what that might be without an idea of the number of field operatives PESNZ has. We could make all sorts of questionable estimates though...

It'd be nice to see some information around the extent (operating costs vs operational income) of PESNZ but I'd suggest "commercial sensitivity" would prevail. This is why I believe that, when challenged, they're more likely to waive a fine than try and actually prove the value of their claimed loss.

mattwnz: Maybe the commerce commission don't received enough complaints about it, and as it is am amount that people think, I'll just pay it to be rid of it, many people probably can't be bothered spending their time. eg $65 vs 1-2 hours of time.

You're quite likely right, the amount isn't high enough for many people to pursue the matter with any vigour.

I spent probably 15 minutes writing my letter (which I can't find unfortunately, written mid 2010) but probably a quicker way of doing things would be to lodge a dispute through the appeals section of their website. After filling in all the necessary details, concise wording along the lines of the below should suffice:

I am hereby disputing this charge. What you are seeking is called "liquidated damages" which pertains to an actual loss arising from a breach of contract. This is not something you are legally entitled to profit from. Please provide me with evidence of your loss to the amount claimed or of your wish to have this matter proceed to the disputes tribunal.


Then take a screen dump before hitting the send button as you probably won't get a confirmation email which quotes your comment.

Awesome
4078 posts

Uber Geek
+1 received by user: 643

Trusted
Subscriber

  Reply # 752068 28-Jan-2013 15:56 Send private message

Would it be correct to assume that as part of the liquidated damages calculation, they can't include any overheads of running PESNZ in the calculation, including the enforcement officer or administrators time - as they are a fixed expense that they have incurred regardless of if you breach your contract or not?

Is the worst they can ping you for the unpaid parking plus a couple of lucks for postage, paper and an envelope to send you the notice?




Twitter: ajobbins



7578 posts

Uber Geek
+1 received by user: 1007

Trusted
Subscriber

  Reply # 766526 20-Feb-2013 15:53 Send private message

Just got this response!

" I am very sorry for the poor experience you had at the car park. The breach notice has been waived and we are going to change the rate structure to make it easier for parkers to understand.

Apologies and Kind Regards

Ryan
"

Came from Wilson Carparking not PES.

7598 posts

Uber Geek
+1 received by user: 433


  Reply # 766546 20-Feb-2013 16:10 Send private message

networkn: Just got this response!

" I am very sorry for the poor experience you had at the car park. The breach notice has been waived and we are going to change the rate structure to make it easier for parkers to understand.

Apologies and Kind Regards

Ryan
"

Came from Wilson Carparking not PES.


Good to see. Would have been nice for them to include some free parking coupons though for the poor experience,  as a gesture of good faith..



7578 posts

Uber Geek
+1 received by user: 1007

Trusted
Subscriber

  Reply # 766548 20-Feb-2013 16:11 Send private message

mattwnz:
networkn: Just got this response!

" I am very sorry for the poor experience you had at the car park. The breach notice has been waived and we are going to change the rate structure to make it easier for parkers to understand.

Apologies and Kind Regards

Ryan
"

Came from Wilson Carparking not PES.


Good to see. Would have been nice for them to include some free parking coupons though for the poor experience,  as a gesture of good faith..


Heh I am not not worried. 


1 | 2 | 3 | 4 | 5 
Filter this topic showing only the reply marked as answer View this topic in a long page with up to 500 replies per page Create new topic




Twitter »
Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:





Trending now »

Hot discussions in our forums right now:

Police Camera Van Disguise
Created by Reanalyse, last reply by lNomNoml on 21-Dec-2014 23:33 (75 replies)
Pages... 3 4 5


Do I have the right to return this?
Created by corksta, last reply by kiwibro111 on 21-Dec-2014 23:54 (45 replies)
Pages... 2 3


Slaughter of Innocents
Created by networkn, last reply by networkn on 19-Dec-2014 17:46 (64 replies)
Pages... 3 4 5


youtube downloader
Created by Ford, last reply by jarledb on 22-Dec-2014 16:57 (18 replies)
Pages... 2


What has Geekzone led you to buy?
Created by russelo, last reply by jarledb on 22-Dec-2014 16:41 (18 replies)
Pages... 2


Spray Foam Insulation
Created by AACTech, last reply by timbosan on 19-Dec-2014 16:58 (36 replies)
Pages... 2 3


Crew Drinking on Flights - Why!?
Created by networkn, last reply by Geektastic on 22-Dec-2014 09:35 (34 replies)
Pages... 2 3


Some lowlife is using my easy to remember number to commit idiocy
Created by joker97, last reply by joker97 on 22-Dec-2014 15:48 (15 replies)


Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.

Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.