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pud



10 posts

Wannabe Geek


# 37659 16-Jul-2009 16:10
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Hey everyone!


I just got a letter from Parking Enforcement Services about a ticket I got about 3 weeks ago claiming I owe them $45 for parking in a place too long while shopping at Warehouse, Broadway.


They've obviously got my address from my reg but I just wondered if anyone knew if they actually had any powers to enforce this at all. I mean, they're not the police or the council or any government agency. Their letterhead tries to look official but at the bottom it clearly says "is a division of Wilson Parking"...


It's a private company who I made no promise of payment to. Any ideas?


Cheers

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3295 posts

Uber Geek

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  # 236160 16-Jul-2009 16:15
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Do they own the carpark?

pud



10 posts

Wannabe Geek


  # 236165 16-Jul-2009 16:18
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Wilson do, yes

 
 
 
 


544 posts

Ultimate Geek


  # 236166 16-Jul-2009 16:19
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Looks like they are legit:

http://www.pesnz.co.nz/

3975 posts

Uber Geek


  # 236175 16-Jul-2009 16:32
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Watch this crowd, they will register a debt with Baycorp (Veda) if you simply ignore them.

Ask them to provide you in writing with evidence of your alleged transgression and of the losses they have borne in order to charge you "liquidated damges" (which I assume is what they claim)
If it is a free carpark, but you oerparked I think they are really dreaming

have a look at this in regard to what you might wish to put in your letter

http://recoilforums.com/showthread.php?t=48255
http://recoilforums.com/attachment.php?attachmentid=33100&d=1161748109

DO NOT let this lapse or you will end up with a bigger problem.
Also check out http://tvnz.co.nz/view/page/413551/500865

Wilson car park
Reporter: Kevin Milne

Viewers have complained about the Infringement Notices they get for overstaying Pay and Display Parks at Wilson Parking. One viewer, who got a $50 ticket for staying 15 minutes too long, took Wilson's to the Disputes Tribunal and won. He argued that private businesses cannot "fine" customers, only charge them Liquidated Damages representing the actual losses the infringement caused the company.

The tribunal referee found that Wilson's were attempting to claim a penalty fee which they were not entitled to. The complainant didn't have to pay Wilson's any money.

Fair Go believes that the "liquidated damages" demanded by Wilsons, and the cost of $160 to get your car back if it were towed away after 15 minutes, are a rip-off by comparison to the fines issued by local councils.

However, Wilson Parking argues that their liquidated damages do represent actual losses to the firm. They say people who overstay their pay and display parks are breaching their contract with the carpark owner and that warnings are posted on signs in the carpark.

If you've already paid out on a pay and display ticket issued by Wilsons you, also, may wish to try to get your money back from the Disputes Tribunal.

The arguments put to the Tribunal by Dr Roderick Mulgan in his successful challenge are as follows:

"Liquidated Damages may only be claimed for the actual loss arising from a contractual breach, even where the amount is specified in a contract, or in this case, a sign. It is a basic legal principle that an injured party in a contract may only seek what they have lost: they may not make a profit from he situation.

"As the parking company had not lost $50 for my extra fifteen minutes of parking time, it seemed to me that their claim was invalid. The cost of the attendant was a fixed one, and had to be met whether I or anyone else parked in their park or not. The only identifiable loss was for the extra time in the parking space. (i.e. 75cents in a $3 per hour park)

"Wilson Parking refused to accept this argument, although they did not provide a rebuttal of it."



3295 posts

Uber Geek

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  # 236191 16-Jul-2009 16:54
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It might be a rip off, but the other option is not to park there. Can I now just go to a carpark and not pay, then offer to pay the equivalent amount when I leave (so as not to have to prepay, or pay too much?).

These carparks should just add a "short term" per minute rate of, say, $100/minute for casual short-term parking. Then they could argue your 15 minutes potentially cost them $1,500. If one pays and displays, make sure you get back to your car in time.

pud



10 posts

Wannabe Geek


  # 236435 17-Jul-2009 13:10
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Thanks WellyGary - great help that was!! Cheers mate.

I'm going to send the letter today - I was going to ignore it but don't think I'll do that anymore :-)

732 posts

Ultimate Geek

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  # 236447 17-Jul-2009 14:00
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don't ignore it respond with reasoned arguement




that would be an ecumenical matter

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