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79 posts

Master Geek


Topic # 108738 4-Sep-2012 19:42
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Hi folks,

So here's the deal. I parked my car a couple of weekends ago at the Waverley St carpark in town owned by Tournament Parking. I paid $8 for a full 12 hours parking as per the link below, which states that a ticket is valid for 12 hours from time of purcahse.

http://www.tournament.co.nz/car-park-rate/?meta_id=253


I thought all was well and good until I received a letter in the mail last week saying I had breached parking conditions and that I had to pay a 'fee' of $65. Obviously, I was quite peeved and wrote a strongly worded email to them in disgust appealing the infringement notice.

Below is the reply I got from Marcus Baker of NZCMS (owned by Tournament Parking). What? A $65 fee because I did not pay 50c credit card transaction fee? Aren't these transaction fees automatic? It has certainly been the case at every other place I have parked. Note that I still haven't received the 'original' infringement notice that they left at the car park, which states the reason why I breached their terms and conditions.

I now have to pay $40.50 instead of the original $65 as per the below email. What are my options here? Can I fight this in the Disputes Tribunal or should I pay up? 

Cheers and thanks for your help in advance.





CARPARK MONITORING SERVICES – BREACH NUMBER  XXXXXX

 

Thank you for your recent correspondence regarding the breach notice you received on your vehicle. We have thoroughly reviewed your letter and investigated all of the surrounding circumstances regarding your appeal. We would also like to bring to your attention that details of Valid Appeals can be located on our website www.nzcms.co.nz.

Unfortunately you did not make the payment of the 50c credit card transaction fee.

The Terms and Conditions of Parking at the Carpark, clearly state:

"ATTENTION: Vehicles failing to comply with the Terms and Conditions of parking and clearly displaying a valid parking ticket/ID card on the dashboard with the date and expiry time clearly visible will be issued a Parking Breach Notice (charging an invalid parking fee plus an enforcement administration fee) and/or towed and/or clamped at the owner’s risk and expense."

Unfortunately in this instance it appears that you have not followed The Terms and Conditions. As a result, your vehicle was properly issued with a Parking Breach Notice and you thereupon became liable for the fee. Under the circumstances presented to us we are unable to authorise that this Parking Breach Notice be waived.

We would like to point out that our Parking Breach Notice fees are clearly set out at the rates board; an invalid parking fee of $25.00 and an Enforcement Administration Fee of $40.00. The $65 is not related to the 8 minutes parked overtime specifically in your situation, just that you had been issued with a Parking Breach Notice at this time.

Although we sympathize with your position in this instance, we trust that you will appreciate that the onus rests upon each individual car parker to ensure that a valid pay and display parking ticket is properly displayed for the duration of their stay in the Carpark.

However, as an act of good will I am willing to reduce the amount to the $40.00 administrative component of the breach plus the 50c credit card transaction fee. Therefore, the total amount would be $40.50.

In order to avoid further fees being incurred, please ensure that the full payment of $40.50 is received within 14 days of the date of this email. Please remember to include your Parking Breach Number with all payments and retain all receipts. You can go to our website to view the payment options at www.nzcms.co.nz

Yours faithfully

Carpark Monitoring Services

Enforcement Administration
Marcus Baker                                                    

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  Reply # 681429 4-Sep-2012 19:51
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So what exactly are they saying you did wrong? If you failed to display your ticket, then I guess that's pretty hard luck for you. I had a problem where my ticket fell from the dash as I closed the door quickly and it created a draft and it blew onto the seat. In that situation I was made to pay.



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Master Geek


  Reply # 681432 4-Sep-2012 19:53
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They are saying that since I didn't pay the extra 50c I have to pay up. I paid $8.00 on my credit card assuming that the 50c transaction fee will be applied automatically. I was in quite a rush that day and I failed to check the ticket properly (it did say $8.00 on the ticket instead of $8.50).

 
 
 
 


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  Reply # 681434 4-Sep-2012 19:54
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What did they expect you to do, go and pay the extra 50c at the gate?

I'd fight it.

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  Reply # 681435 4-Sep-2012 19:56
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But the 50 cent transaction fee is added automatically by there system and charged to your credit card

Happens every car park I use and pay by credit card

gzt

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  Reply # 681436 4-Sep-2012 19:57
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How did you pay exactly, and which card did you use? Is there any opportunity to key in the amount manually?

So far this looks like a very nasty use of terms and conditions if there was no way for you to pay with the means provided. If there was, well it's still crazy.

I'd skip the disputes tribunal and go with Fair Go. They'll love it!



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Master Geek


  Reply # 681437 4-Sep-2012 19:57
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If I remember correctly, I don't think there was an option to pay 50c on the machine anyway (I could be wrong though).

How should I go about contesting this? Through the Disputes Tribunal? Can I approach the media? The more negative publicity around these blood sucking parking companies the better.

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  Reply # 681438 4-Sep-2012 19:57
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Doesn't make sense to me. Assuming you bought the ticket from a machine, you'd think it knows the time and day so charges you the $8.00. You opt to by credit card, the machine recognises this and should add the 50c automatically.

What am I missing here?
Do you still have the ticket the machine spat out?

Edit:sorry, slow typist, mostly repeats what's covered above already.





mjb

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  Reply # 681439 4-Sep-2012 19:57
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networkn: So what exactly are they saying you did wrong?


Read the OP:

shreyas:

Unfortunately you did not make the payment of the 50c credit card transaction fee.



@shreyas, how do you pay for the parking? do you key in the price for a ticket, or do you just put your card in a machine and push a button? if the latter, I expect that it's a little unreasonable... if the former, it's somewhat cheeky of them, but if it's stated clearly, you may be out of luck


edit: WOW, thread exploded, I'm a bit late on the questions sorry.




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  Reply # 681440 4-Sep-2012 19:58
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I would fight it in court if they want to charge you a 50 cent fee then they charge it



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Master Geek


  Reply # 681442 4-Sep-2012 19:58
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johnr: But the 50 cent transaction fee is added automatically by there system and charged to your credit card

Happens every car park I use and pay by credit card


Exactly! That's what I assumed had happened, but obviously their system doesn't work that way (maybe deliberately and maliciously so!).

mjb

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  Reply # 681443 4-Sep-2012 20:00
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shreyas: Exactly! That's what I assumed had happened, but obviously their system doesn't work that way (maybe deliberately and maliciously so!).


It basically all boils down to how you pay.. if you have to manually add the transaction fee, then it's going to be interesting. if it's all automatic, they're muppets.




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  Reply # 681444 4-Sep-2012 20:01
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Sounds like a scam to me. I would tell them see you in court might be one Fair Go is interested in as well



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Master Geek


  Reply # 681445 4-Sep-2012 20:02
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mjb:
networkn: So what exactly are they saying you did wrong?


Read the OP:

shreyas:

Unfortunately you did not make the payment of the 50c credit card transaction fee.



@shreyas, how do you pay for the parking? do you key in the price for a ticket, or do you just put your card in a machine and push a button? if the latter, I expect that it's a little unreasonable... if the former, it's somewhat cheeky of them, but if it's stated clearly, you may be out of luck


edit: WOW, thread exploded, I'm a bit late on the questions sorry.


I put my card in and pushed the button until it said $8.00 and assumed the machine would add the 50c automatically.

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  Reply # 681446 4-Sep-2012 20:02
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Maybe give Marcus a call in the morning and ask him to explain why it didn't add the surcharge automatically. Record the phone-call (tell him you're doing so, I expect they'll probably do the same) and follow it up with an email.





mjb

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  Reply # 681448 4-Sep-2012 20:03
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johnr: Sounds like a scam to me. I would tell them see you in court might be one Fair Go is interested in as well


Agreed.. certainly very suspicious that they don't automatically charge the 50c.

Speaking of which, what is it that retailers must not pass on to customers when purchasing by credit card?




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