Parking Breach Notices

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cisconz

cisconz
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#205055 28-Oct-2016 08:42

So I have received my fair share of "Parking Breach Notice"s and I was thinking about how I could play with the agency.

My understanding is that they rely on contract law and to clearly display their terms and conditions, therefore if you do not agree, you must leave.

What would the legality be if I posted a Notice on my dash board reading:

Photographing or interfering with this vehicle authorises the owner to invoice you or your company $65 plus an administration fee of $20 if not paid within 20 days.

If you do not agree to these terms, do not photograph or interfere with this vehicle

Then, If I was given a Breach Notice, they would place it under my windscreen wipers, therefore interfering with my vehicle.

Or if they posted the Breach Notice to me, I would ask for proof of Breach, they would then send the photograph, which would show my terms and conditions.

Hmmmm

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#1659459 28-Oct-2016 08:53

Nice idea, I'm no lawyer but I think to form a contract there has to be something of value received or promised. I don't think there would be anything of value received or promised by them taking a photo of the car or posting you a notice..

Where as a parking space clearly is receiving something of value.

cisconz

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#1659463 28-Oct-2016 09:05

Would not a photo of some amusing terms and conditions be something of value?

Hmmmm

cynnicallemon

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#1659464 28-Oct-2016 09:05

So you're the guy...

geoffwnz

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#1659466 28-Oct-2016 09:06

That would be about as effective and useful as posting on Facebook that you don't want them keeping and using your data.

MotorDrive Rallying

cisconz

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#1659467 28-Oct-2016 09:06

Interestingly enough, that would not cause a breach notice as you have not taken an extra parking space.

Hmmmm

Fred99

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#1659473 28-Oct-2016 09:10

The legal position (and IANAL) is I suspect, not in your favour at all for doing that. They can even clamp or tow your vehicle, it's on their property.

OTOH, they are scum, and they do need to "prove" their loss, so there's a good chance if you ask them to do this, in a letter with an offer to pay $xx.xx as settlement, calculated as the amount you overstayed in their parking space at the going rate per hour, they may accept it - or forget about it.

If you dispute the amount, I don't think they're supposed to set debt collectors on you, as it's a dispute - not a debt. They'd probably give up on trying to recover the $65 through disputes tribunal, as they'll probably lose, as everybody knows that they're issuing the $65 "invoice", pretending that it's got some legal status like a council parking infringement notice. Even the way they call themselves an "enforcement" service rankles me.

However, if you wind them up by telling porkies or reading them their pedigree, then you probably will motivate them to take action, and that might be expensive.

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Oblivian

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#1659508 28-Oct-2016 09:47

How convenient you would ask such a thing on this subject..

http://www.nzherald.co.nz/lifestyle/news/article.cfm?c_id=6&objectid=11737496

Blurtie

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#1659528 28-Oct-2016 10:09

Yeah as with the majority of the responses above I'm pretty sure this wouldn't fly either... If it did work, it would potentially mean you could get away with not having a WoF or Rego for your vehicle also...

cisconz

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#1659533 28-Oct-2016 10:15

Blurtie:

Yeah as with the majority of the responses above I'm pretty sure this wouldn't fly either... If it did work, it would potentially mean you could get away with not having a WoF or Rego for your vehicle also...

This is against a company, not a Government authority. The fines received from the government are far more reasonable ($12-15 for overtime and $45 for non display)

Hmmmm

Blurtie

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#1659562 28-Oct-2016 10:53

Even so... if this was allowable, then why would anyone pay for a ticket to park at these places if you can get around it by posting that note?

michaelmurfy

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#1659566 28-Oct-2016 10:57

From what @sbiddle says @cisconz can be told if he is outside a building by his parking and camera installation jobs. Not sure how true this is :)

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richms

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#1659639 28-Oct-2016 11:53

One of the malls here was sending people breach notices for overstaying because they had a photo of the car at the mall in the morning, and another in the afternoon.

Stupid people never considered that people might go to the mall twice.

Richard rich.ms

mattwnz

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#1659661 28-Oct-2016 12:05

richms:
One of the malls here was sending people breach notices for overstaying because they had a photo of the car at the mall in the morning, and another in the afternoon.

Stupid people never considered that people might go to the mall twice.

Would they be using the same parking space though each time? In order to do that how are they getting the owners address? Kind of creepy

richms

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#1659667 28-Oct-2016 12:08

mattwnz:
richms:

One of the malls here was sending people breach notices for overstaying because they had a photo of the car at the mall in the morning, and another in the afternoon.

Stupid people never considered that people might go to the mall twice.

Would they be using the same parking space though each time? In order to do that how are they getting the owners address? Kind of creepy

Vehicle license database will give it up for people like that who need to send breech notices.

And no, not the same space. They claim that people move their car to avoid time restrictions. It all seems to have died down now after everyone got really angry at them for it. Mall made lots of the parks paid and staff have to use them and were agressivly checking the length of time people parked since people were using it as a park and ride type thing. Now they use the side streets which has residents without enough parking complaining that they cant park right outside their house.

Richard rich.ms

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#1659685 28-Oct-2016 12:27

They used to clamp cars in one of the malls in Chch, then a fellow who was annoyed chopped the clamp off with a battery angle grinder, the "enforcement" outfit tried to recover costs for the ruined clamp, but in that case they lost. Do not trust that this ruling stands - it may not.

A better way to encourage people to park in the right place was used in Sydney. Bus drivers had large brightly coloured stickers with instructions as to why you shouldn't park in bus stops, they'd plaster them bang-smack in the middle of the driver's side of the windscreen, the glue was the tamper-proof variety, it would take you half an hour to peel the thing off in tiny bits and clean up the windscreen, something I know from experience. I presume something like that wouldn't be acceptable these days - morons would try to drive without completely removing the sticker - and when they crashed, it would be the bus driver's fault.

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