Spotlight Wellington Fining Customers For Overstaying.

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#3028281 28-Jan-2023 13:27

The Kapiti Spotlight has a 60 min limit and tickets for overstaying are issued automatically with a number plate recognition camera at the entrance/exit.

They are notorious for refusing to cancel tickets even when shoppers were in the store the whole time, like the OP. The staff deflect and say they can't intervene as tickets are issued on behalf of their landlord, which is... Spotlight. Not sure if staff are genuinely unaware of who owns the building/site, but it's pretty misleading regardless

Eva888

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#3028283 28-Jan-2023 13:30

Great and you can only do online appeals or postal. No email. Bet they will make it as difficult as possible to do it online.

www.smartcomply.co.nz/appeal

richms

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#3028284 28-Jan-2023 13:30

Clearly if they know they cannot serve you in the timeframe they choose for parking enforcement then its a scam that they are in on. Guess that half-assed attempt at regulating clamping just moved them onto sending these unenforceable documents that look like fines so most people will pay them.

Richard rich.ms

sir1963

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#3028285 28-Jan-2023 13:30

Eva888:
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.

I had someone abandon a car in the carpark I own in a block of flats.

I could NOT legally tow it, they police confirmed they would prosecute me

The police would do nothing about it "its a civil mater"

The police would not give me the name of the owner of the car, that was a "privacy issue"

So, I certainly would not be paying the fine, and I would also be arguing that the coin rate for parking in commercial carparks for 2 hours is significantly less than this, they are in effect profiteering.

We now minimise our time at the Palmerston North plaza because of their parking tax. We will buy online, do click and collect, shop elsewhere where there is no such fee, or simply buy online from elsewhere including Australia because it is cheaper. We have already started our Xmas shopping for the grandkids so we can find stuff on sale and completely avoid town near Xmas.

Eva888

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#3028286 28-Jan-2023 13:32

richms:
Take everything back to spotlight for a refund and tell them you will never be back would be a good start.

Wish I could but it’s cut curtain fabric and an already opened package. In any event I’m sure they wouldn’t be too upset to lose one customer.

mattwnz

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#3028328 28-Jan-2023 15:04

eracode:

You don’t actually say whether you were in their shop for the full 90+ minutes.

I think there is another shop connected to that carpark, so could have been 45 min in each. I see there is a P90 sign as you drive into it.

My parents got a fine at countdown for exactly the same reason, but they had parked and visited two different places connected to the carpark. So they wrote to the parking company, and they waived the fine. 90 min isn't really very long at some of these big box stores either. I can easily spend that long in bunnings. IF they didn't they were going to complain to the business who said to use the carpark. So I would complain directly to spotlight management about it. It does seem to be the wildwest, and needs regulation, but suspect it is very low priorty.

Eva888

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#3028335 28-Jan-2023 15:16

@sir1963 noting what you said about Police not giving you car owner details...The notice also states that

*The Breach notice has been issued for the reasons explained overleaf, therefore giving reasonable cause for Smart Compliance and Management to apply to NZTA database for the details of the registered owner.*

So now the question is are they allowed to do this.

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wellygary

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#3028342 28-Jan-2023 15:47

Eva888: @sir1963 noting what you said about Police not giving you car owner details...The notice also states that

*The Breach notice has been issued for the reasons explained overleaf, therefore giving reasonable cause for Smart Compliance and Management to apply to NZTA database for the details of the registered owner.*

So now the question is are they allowed to do this.

Because you have to jump through a bunch of Hoops first,

https://www.nzta.govt.nz/vehicles/how-the-motor-vehicle-register-affects-you/authorised-access-to-the-register/

Over 1700 groups have access, mainly car dealers, rental car companies along with the usual parking suspects, Wilson's, Parking services etc...

neb

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#3028346 28-Jan-2023 16:01

mattwnz:
My parents got a fine at countdown for exactly the same reason, but they had parked and visited two different places connected to the carpark.

Mother Neb's neighbour got fined by Countdown as well. She used to park there, conveniently located right in the middle of the town where she lives, and go off and do her shopping, banking, have lunch, etc. I can see why they introduced the fines because I'm sure she wasn't the only one who did that, and 90 minutes should be enough for a supermarket shop.

michaelmurfy

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#3028347 28-Jan-2023 16:02

Please do not pay this!

You do not owe them the $65 at all. They can't "fine" you. You don't owe them anything.

This is free parking meaning the total cost you owe them is $0. They can't claim for the cost of giving you the ticket as the person is employed regardless of if you were there or not.

Follow through this: https://www.moneyhub.co.nz/parking-tickets.html and make sure you've revoked authorized access here: https://transact.nzta.govt.nz/transactions/PersonalInfoAccess/entry

Parking companies do not have access to any persons details when they've revoked access. NZTA state this also (https://www.nzta.govt.nz/vehicles/how-the-motor-vehicle-register-affects-you/who-can-access-register-information/). If you look at https://gazette.govt.nz/notice/id/2021-au308 it specifically states "who have not instructed the Registrar of Motor Vehicles to withhold their details."

If the parking company argue that you overstayed, and state the breach notice is to be paid just give them $5 and tell them you consider the matter closed.

If after you've revoked authorized access you get a "breach notice" you can actually complain to the privacy commissioner.

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Bananabob

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#3028349 28-Jan-2023 16:03

According to a thread on the Neighbourly website for Kapiti the car park at Spotlight is not owned by Spotlight they have no control over the issuing of "fines". You have to take the matter up with the owner of the car park.

It is monitored by a camera that takes an image on arrival, and, I guess, on departing, and they match the times of the images.

Good luck❗

michaelmurfy

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#3028351 28-Jan-2023 16:05

@Bananabob I posted the above in our community pages in regards to Spotlight / Coastlands and many people have managed to get out of breach noticed by following my advise. Same applies with those 2 car parks.

It doesn't mean you can blatantly break the rules (they can still tow) but it is handy to get out of the odd breach notice.

Bananabob

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#3028355 28-Jan-2023 16:14

michaelmurfy:

@Bananabob I posted the above in our community pages in regards to Spotlight / Coastlands and many people have managed to get out of breach noticed by following my advise. Same applies with those 2 car parks.

It doesn't mean you can blatantly break the rules (they can still tow) but it is handy to get out of the odd breach notice.

@michaelmurfy Thanks for the info. I forgot to revoke on reading it last time, but have done it now.

Eva888

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#3028452 28-Jan-2023 16:25

Bananabob:
According to a thread on the Neighbourly website for Kapiti the car park at Spotlight is not owned by Spotlight they have no control over the issuing of "fines". You have to take the matter up with the owner of the car park.

It is monitored by a camera that takes an image on arrival, and, I guess, on departing, and they match the times of the images.

Good luck❗

I suspect you are correct. Interestingly though the operator at Spotlight told me to write to their manager, which I am doing before dealing with the outfit that have photographed my car going in and out.

I will also take Michael Murphys advice and rescind permission for anyone to access my details. Good idea. No I won’t pay it.

Argh what a lot of kerfuffle but am also thinking of others that will get caught out and who are worse off than me. I believe that there should be signs visible clearly while still in the car that tell you the size of fine if you overstay and the risks of parking there so you can make an informed decision.

The notice they sent is menacing looking with lots of white on black font and red highlights telling you Do Not Ignore.

Ahh and the pay online option by debit or credit card says a 'card convenience fee applies.'
Also if you don’t pay on time...they issue a $20 administration fee which must be paid in 14 days.

Daynger

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#3028453 28-Jan-2023 16:25

Can business vehicles be opted out?

Is there a different process for this?

Thanks

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