Letter from 'Parking Enforcement Services'

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."

pud

bazzer

pud

Adamal

wellygary

bazzer

pud

sarg