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  Reply # 686532 15-Sep-2012 20:35
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gzt: well i don't know the answer to this question but you are talking about the difference between criminal law and civil law for a start


well not arrested, but at least fined, rebuked, closed down etc.

yet none of that has seemed to happen.



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  Reply # 686548 15-Sep-2012 22:04
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NonprayingMantis:
gzt: well i don't know the answer to this question but you are talking about the difference between criminal law and civil law for a start


well not arrested, but at least fined, rebuked, closed down etc.

yet none of that has seemed to happen.


When you take the "fine" figures and extrapolate them out, you start to realise how much money is likely being made here and why I wonder about the SFO not being involved.

 
 
 
 


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  Reply # 686987 17-Sep-2012 10:27
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Dratsab:
NonprayingMantis:
gzt: well i don't know the answer to this question but you are talking about the difference between criminal law and civil law for a start


well not arrested, but at least fined, rebuked, closed down etc.

yet none of that has seemed to happen.


When you take the "fine" figures and extrapolate them out, you start to realise how much money is likely being made here and why I wonder about the SFO not being involved.


Well the way I see it there are basically three possible answers to that questions

 

1)    The SFO/Comcom etc are not investigating because the breach notices are, in fact, not illegal and it is only the position of a bunch of internet pretend-lawyers stating that they are.

2)    The SFO/Comcom  etc are not investigating because TP/Wilson etc are bribing them to not do it

3)    The SFO/Comcom etc are not investigating because they are totally unaware of the fact that car parks charge these breach notices.

 

What would occams razor suggest?  Is it more likely that the comcom is totally incompetent or bieng bribed?  Or is it more likely that people on the internet are wrong about the law?

gzt

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  Reply # 687457 17-Sep-2012 22:25
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No idea about the actual topic here but there are plenty of less than ideal practices and products reported to comcom all the time. Comcom and sfo simply do not have resources to go investigating and lawyering everything people might like them to. There is no consumer police force for these things. Reasonable cost recovery is something that comes up again and again on programs like Fair Go. It is not illegal to issue and invoice for reasonable costs, but what is reasonable varies according to circumstance and in practice is always subject to litigation.



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  Reply # 687676 18-Sep-2012 12:35
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shreyas:
TournamentGeek: The breach has been waived - if you haven't received an email already you'll receive it today.

Cheers,

Chief Tournament Geek


Tournament Geek, I am yet to receive any sort of confirmation that the fine has been waived. Why is it taking so long?


Finally got a confirmation yesterday after emailing them again.

Here's their reply -

Thank you for your recent correspondence, regarding the above breach notice. We have thoroughly reviewed your letter and investigated all of the surrounding circumstances regarding your appeal.Please be advised that NZCMS has in this instance decided to waive this breach in full.

We apologize for any inconvenience this may have caused you and look forward to your continuing patronage with Tournament Parking Limited.


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  Reply # 687709 18-Sep-2012 13:32
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shreyas:
shreyas:
TournamentGeek: The breach has been waived - if you haven't received an email already you'll receive it today.

Cheers,

Chief Tournament Geek


Tournament Geek, I am yet to receive any sort of confirmation that the fine has been waived. Why is it taking so long?


Finally got a confirmation yesterday after emailing them again.

Here's their reply -

Thank you for your recent correspondence, regarding the above breach notice. We have thoroughly reviewed your letter and investigated all of the surrounding circumstances regarding your appeal.Please be advised that NZCMS has in this instance decided to waive this breach in full.

We apologize for any inconvenience this may have caused you and look forward to your continuing patronage with Tournament Parking Limited.




Good outcome in the end, well done, and good on Tournament parking for fronting up here.

I'm waiting on a $40 refund from a company after they stuffed up.  They were very apologetic and quick to promise to pay the money back, but that's a week ago now and still no money in the bank account.  It's a fairly large organisation so maybe waiting on some form of payment run, but another one of these cases where they're quick to take your money but getting it back is like pulling teeth.  I'll give it another week before I chase them, or maybe let the wife loose on them.





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