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Eva888

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#303254 28-Jan-2023 10:52
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Couple days ago went to Spotlight Wellington and parked in their car park outside the shop, browsed various items. Curtaining etc as have done multiple times before. This morning received a ticket from Smart Compliance Management Auckland with photos and showing I was in the park for over 90 minutes and fined $65 for exceeding maximum time.

While there I bought a few items at 2 different times and have the dockets to prove it.

Called Spotlight and asked them since when was this policy of fining customers implemented and she said a couple of months ago. I said that as a VIP member they have our emails and why did they not inform everyone of this. Silent shrug.

I honestly don’t remember seeing any signage or warnings although there may be. Am I required to pay this fine? Any advice before I write to Spotlight or the ticketing company. Thanks.




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Daynger
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  #3028188 28-Jan-2023 11:06
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Only councils and police can issue "fines".

 

What they have given you is an invoice.

 

Google wilsons parking fines and you will find out alot of people have not paid. There is a very good thread on this on game planet forums.


 
 
 

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Bung
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  #3028219 28-Jan-2023 11:56
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"While there I bought a few items at 2 different times and have the dockets to prove it."

Playing devil's advocate, were the times far enough apart to suggest that you might have gone up the road to La Cloche for lunch in between?

eracode
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  #3028223 28-Jan-2023 12:09
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You don’t actually say whether you were in their shop for the full 90+ minutes.





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gzt

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  #3028228 28-Jan-2023 12:13
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Did the 'fine' come from Spotlight or some other party?

robjg63
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  #3028231 28-Jan-2023 12:17
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Geez 90 minutes!!

 

You could have watched a movie in that time.

 

Were you really in the shop that whole time???

 

90 minutes is a pretty generous time allowance IMHO.





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gzt

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  #3028238 28-Jan-2023 12:27
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My Spotlight visits are rare. I can easily spend 45 minutes. Someone with more to do cold easily spend more time. 90 is about right imo and may we'll be close for one or two people. But that's not really the point of the topic..

gajan
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  #3028244 28-Jan-2023 12:47
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As I drive or run past it every day - can confirm there is is definitely signage up :-

 

 

(from streetview) - I can understand why they are doing it - the car park has it's busy moments overflowing onto the footpath / cycleway.

 

 





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alasta
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  #3028247 28-Jan-2023 12:53
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You would need a lawyer to give you a definitive answer but I would have thought it would depend on whether the terms and conditions were clearly displayed in the car park. 


Eva888

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  #3028250 28-Jan-2023 13:02
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Yes I was there the entire time. Was looking at various items and comparing possibilities. Let’s say am not a person who takes fast decisions and was relaxed as had plenty of time. No I did not go anywhere for coffee. It’s a fairly remote from other shops.

Reason I have two dockets half an hour apart is that in one area of the shop you can pay at their counter then by the time I got to the exit had picked up another few items and paid on the way out.

It’s called a Parking Breach Notice with 21 days to pay issued by Smart Compliance Management in Auckland. It also states if you pay this Breach Notice you are therefore accepting full liability for the charge and are no longer eligible to appeal this notice.

Smart Compliance Management is authorised to seek payment of the parking breach for unauthorised parking of the vehicle on the specified date as owner of the land, or basis of a contractual right to occupy, or to have possession of the land, or acting as agent of the landowner.

I do not want to mess up my credit rating but find the amount disproportionate and punitive.

gzt

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  #3028256 28-Jan-2023 13:09
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Send them a letter with copies of the receipts and copy to spotlight you won't do it again. Before that take a look at the parking area and see if you could have missed the notice on your bay might be a mitigating factor if it's hard to notice it.

Eva888

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  #3028257 28-Jan-2023 13:10
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Thanks @gajab. Yes I see the sign which says customer parking. I was a customer and have proof of that. Should it not also say clearly that you are liable for a fine of $65. It appears to say enforcement applies. What does that mean...they will tow you away? They will banish you as a customer? It should be clearly stated in easy to see letters that there will be a fine of $65


rscole86
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  #3028258 28-Jan-2023 13:10
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There are plenty of threads here already that speak to your situation where they can only claim liquidated damages. Eg https://www.geekzone.co.nz/forums.asp?forumid=48&topicid=129542&page_no=2#899557

My understanding is this cannot be given to a debt collection agency as the penalty is under dispute, however you'll need to let them know.

Eva888

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  #3028273 28-Jan-2023 13:14
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Will be writing to both Spotlight and the outfit that sent the notice.

Eva888

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  #3028276 28-Jan-2023 13:18
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rscole86: There are plenty of threads here already that speak to your situation where they can only claim liquidated damages. Eg https://www.geekzone.co.nz/forums.asp?forumid=48&topicid=129542&page_no=2#899557

My understanding is this cannot be given to a debt collection agency as the penalty is under dispute, however you'll need to let them know.


Parking at Spotlight is free, not paid for so Wilson Parking type argument would not apply I would assume.

richms
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  #3028278 28-Jan-2023 13:22
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Take everything back to spotlight for a refund and tell them you will never be back would be a good start.





Richard rich.ms

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