If you received a letter from RMS about Australian National Car Parks Pty Ltd see this link.
Have you received a fine or letter of demand from Australian National Car Parks Pty Ltd? These pages explain the process of successfully appealing and getting off fines issued by Australian National Car Parks. Do not blindly follow the appeal instructions on the back of your Australian National Car Parks fine, or the appeal instructions on the Australian National Car Parks website. Instead, follow the instructions on this website.
Australian National Car Parks were recently investigated by NSW Fair Trading. Following the investigation, Fair Trading announced that they are prosecuting ANCP in the Parramatta local court on charges of harassment and coercion The mention date for the hearing was 7th June 2013.
Australian National Car Parks Fines
Australian National Car Parks is one of the most aggressive of the private car park companies I have come across when it comes to chasing so called fines. I have found that Australian National Car Parks (and/or their debt collectors) will use a number of techniques to try and trick you into paying illegal fines. For example, if you write to Australian National Car Parks under their "appeals process" with a valid reason for not displaying a ticket (such as a sign being obscured or a ticket machine being out of order), they will often either ignore your letter, or they will respond to you saying "thank you for your letter, the signs are clear and the fine stands". I have evidence of many such cases where ANCP did not respond to the substance of legitimate letters of appeal.
In other words, if you have a valid reason for not displaying a ticket, will most likely ignore your reason and tell you the fine stands, but not explain why your appeal was dismissed. Or alternatively, they sometimes totally ignore your appeal and keep sending you demands for payment.
If you have received a fine from Australian National Car Parks stuck to your windscreen, you can expect the following correspondence from them. Anytime between 2 months and 4 years after you received the fine, you can expect:
The letters you will receive from Australian National Car Parks are of questionable substance and will, for example, demand a statutory declaration from you if you were not the driver of the care. You will find links further down which explain your options should you receive such letters.
Links to information about handling fines from Australian National Car Parks
Click on one of the following links to be taken to the relevant page:
What the authorities say about Australian National Car Parks
Australian National Car Parks is spoken of very negatively on the Victorian Consumer Affairs and the Consumer Action Law Centre websites. For example, a media release from the Consumer Action Law Centre says it has written to Australian National Car Parks Pty Ltd seeking a review of their business practices and the installation of barriers so that consumers "are not fined unfairly when they forget to obtain tickets". See Legal Help page of this website for a link to that media release. Australian National Car Parks also features regularly (and negatively) in the Australian press (print and television). For example, on 5th March 2010, the Moreland Leader reports that Mr Roger Territt was incorrectly fined by Australian National Car Parks, and that Australian National Car Parks took 7 months to withdraw the fine, and a promised apology from Australian National Car Parks never eventuated. On 3rd June 2010, Channel Nine's A Current Affair Program reported "a legal loophole" and that Andrew Borodin had successfully beaten Australian National Car Parks in court by stating that he wasn't driving the car, and if he wasn't driving, then he couldn't have entered into a contract with them.
On the 14th June 2011, Australian National Car Parks was named in Victorian Parliament as a company that required investigation by the Minster for Consumer Affairs. A company called Australian Recoveries and Collections that is fully owned by Australian National Car Parks had been sending demands for payment to people who had no debt with the company. This conduct is illegal under National and State laws and will be investigated by Consumer Affairs. Robin Scot, member for Preston said Australian National Car Park's conduct "appeared to be a bit of a shakedown of innocent constituents" and needed to be investigated. In response, the minister for Consumer Affairs, Michael O'Brien said "private car parks have a right to operate, but they have to operate within the law and they do not have the power to issue fines. Anything they do which tries to persuade consumers — their customers — that they have the right to issue fines is completely wrong. This government will not accept it and will ensure that appropriate regulatory action is taken to prevent that from happening".
Australian National Car Parks Ltd uses a number of tactics to get people to pay fines. These include: not responding to appeals or other corespondence, continuting to send demands for payment after payment demands have been disputed, and sending unfair lawyer letters. For example, ANCP's lawyer letters demand a statutory declaration to name the driver in the case where the owner of the car was not the driver. However, under the ACCC Debt Collection Guidelines, proof of the debt rests with the creditor (the car park company) and they cannot require you to provide proof that you were not the driver. ANCP's tactics are questional to say the least. Complaints have been lodged in writing with the New South Wales Legal Services Commissioner, the ACCC, the NSW Office of Fair Trading and Victorian Consumer Affairs about Australian National Car Parks. These complaints are expected to be investigated in 2012.
Last August, then NSW fair trading minister Diane Beamer urged drivers to "exercise extreme caution" in Australian National Car Parks because the company could have been engaging in "improper, misleading and deceptive conduct". (The Age http://www.theage.com.au/articles/2007/04/21/1176697155261.html).
Australian National Car Parks Pty Ltd has been slapping Melbourne motorists with hundreds of potentially illegal fines. ANCP has been banned by one Victorian council and could be banned from another council. At the same time, they are being investigated by the NSW Office of Fair Trading. ANCP has also been reported to Consumer Affairs Victoria. Thousands of Kmart, Coles, Safeway and Woolworths shoppers use ANCP managed car parks every day. Many of these shoppers have paid fines that may have been issued illegally. Mark O'Brien is the Mayor of Moreland. Mr O'Brien has gone on record as saying that Australian National Car Parks uses bullying tactics. (Source: The Age http://www.theage.com.au/articles/2007/04/21/1176697155261.html?page=fullpage).
The following are references to Australian National Car Park's unconsionable conduct:
Australian National Car Parks - office holders and others
Australian National Car Parks - shareholders/owners
ASIC records show Paul Gyles is in his late 70's and Victor Nudler early 60's. Both men were born in the United Kingdom.
The registered office of Australian National Car Parks is recorded in the ASIC register as c/- Oberg Accountancy Westfield Tower, Level 2 Suite 204 600, The Kingsway, Miranda, NSW, 2228. The company's principal place of business is shown as 261 Trafalgar Street, Annandale NSW, 2038
Employees of Australian National Car Parks
Australian National Car Parks in the media
See our main media page which has the links to the full articles.
03/06/2010 A Current Affair, Channel 9 - Andrew Borodin defended his case. In an embarrasing backflip, ANCP rolled over and withdrew its case at the very last minute. Andrew's case was discontinued and the $850 claim against him wiped out.
02/06/2010 Herald Sun - The ACCC will be approached to consider a class action. Mentions ANCP and Parking Patrols and Care Park.
28/05/2010 The Daily Telegraph - Mentions ANCP and Ed McKail.
20/01/2010 A Current Affair, Channel 9 - More violence in ANCP Investigation.
19/01/2010 A Current Affair, Channel 9 -When we went looking for answers, the Australian National Car Parks company's representative happily responded with his fists".
14/01/2010 A Current Affair, Channel 9 - Follow up story on ANCP.
12/01/2010 A Current Affair, Channel 9 - Original Current Affair story on ANCP.
10/10/2008 The Herald Sun - Mentions Australian National Car Parks Pty Ltd and Parking Infringements Victoria as being under investigation by Consumer Affairs.
02/12/20007 The Age - VCAT deputy registrar Jenny Phillips said ANCP had been involved in two VCAT applications, both withdrawn at the last minute.
27/04/2007 The Age - Mark O'Brien, the Mayor of Moreland, which includes Brunswick, Coburg and Pascoe Vale, accused ANCP of bullying behaviour.
09/06/2010 Fairfield Champion - The start of a community action group to drive car park operators Australian National Car Parks out of the area.
26/05/2010 Fairfield Champion - Fairield MP Joe Tripodi has called for the state government to step in to stop consumers ``getting ripped off by dodgy car park operators''. Mr Tripodi has two Fairfield car parks in his sights both operated by ANCP.
16/09/2009 Blacktown Advocate - About three months ago, McDonald’s and ANCP implemented a ticketing system at the Third Ave premises.
08/09/2009 Stonington Leader - Australian National Car Parks was investigated by the NSW Office of Fair Trading for issuing potentially illegal fines.
02/09/2009 Illawarra Mercury - ANCP has been engaged to run the car parks and will collect the revenue from fines - referred to as payment notices.
10/03/2009 Cumberland Courier - Fair Trading officers negotiated with ANCP and got Mr Marshall’s fine cancelled.
10/03/2009 Moreland Leader Moreland Council is considering launching what is believed to be a landmark legal challenge against car park operator Australian National Car Parks (ANCP) by claiming that leaving infringement tickets on windscreens is a form of littering.
16/01/2009 Fairfield Advance Antonella Souralay will never shop at Fairfield Forum again. The site is managed by a private company, ANCP.
22/10/2008 Moreland Leader Barkly Square Shopping Centre car park is at the centre of a legal case. Consumer Action Law Centre is taking Australian National Car Parks Pty Ltd to VCAT to challenge its right to slap $66 payment claim notices on parked cars that violate rules.
12/08/2008 Canterbury-Bankstown Express Canterbury Mayor Robert Furolo said “When it came to our attention that ANCP where fining people ... we advised them that they cease this practice as they did not have council permission to do this,” he said.
Refund of a fine paid from Australian National Car Parks
Louise Roy was successful in getting a refund from Australian National Car Parks for a fine of $163.00 that her mother had paid under pressure. Read more... and some more.
What the authorities say about themWhat the authorities say about them
ANCP have either dropped their case or lost their case for all court cases in NSW that I have been able to track. They have not won a single case that I have been able to locate.
25/05/2010 Hue Minh La File nbr 179/10 - discontinued by ANCP on 25/5.
02/06/2010 Andrew Borodin File nbr 158/10 - discontinued by ANCP on 2/6 (see ACA).
09/06/2010 Matthew Hamilton Real Estate File nbr 176/10 - discontinued by ANCP on 9/6.
22/06/2010 Tayana Noni Grundy File nbr 272/10 - adjourned to 22/9.
23/06/2010 Karen Marcia Pople File nbr 211/10 - discontinued by ANCP on 23/6.
23/06/2010 Renee Nicole Grigoratos File nbr 224/10 - case dismissed by magistrate on 24/6. Consent orders.
30/06/2010 Case nbr 201000183022 - discontinued by ANCP on 25/8.
14/07/2010 Case nbr 201000183042 -
21/07/2010 Case nbr 201000182950 -
28/07/2010 Case nbr 201000183166 -
28/07/2010 Case nbr 201000183022 - discontinued by ANCP on 25/8.
02/08/2010 Case nbr 201000183091 - discontinued by ANCP on 23/6. ANCP ordered by the court to pay defendants costs as agreed or assessed (Thi Thu Thanh Nguyen).
02/08/2010 Case nbr 201000183082 - discontinued by ANCP on 6/8.
15/09/2010 Case nbr 201000183079 - Struck out.
20/07/2011 Bikramjit Singh Bhinder Case nbr 201100098658 - adjourned till 28/9.
27/07/2011 Ayash Pty Limited Case nbr 201100161079 - adjourned till 28/9.
27/07/2011 Chen Hu Case nbr 201100090018 - discontinued.
17/08/2011 Timoti Savaiinaea Case nbr 201100090009
29/08/2011 N and N Trading Pty Ltd Case nbr 201100040793 (Downing Centre)
14/10/2011 Kirwin, Cassie Lacole Case nbr 201100229851 (Bankstown court)
21/10/2011 Schofield, Lynne 201100229653 (Bankstown court)
21/10/2011 C4736/2011 Neville Daley v Australian National Car Parks P/L (vcat)
28/10/2011 Elliott-Brennan, Amanda Jane 201100253147
25/11/2011 Gociev, Milan 201100287190
09/12/2011 Wang, Stephen 201100304941 Settled at pre-trial review as advised by platiniff's solicitor.
27/01/2012 Dianne Dabit, 201100381172 At pre-trial review, agreed to adjourn for parties to review further.
03/02/2012 Enrique Vargas 201100376012 At pre-trial review, case discontinued.
13/04/2012 Jenny Truong 201200020588 At pre-trail review, case struck out.
11/05/2012 Raquel Bairo 201200064184 Discontinued.
25/05/2012 Wan Hwa Wang 201200101511 No outcome yet.
25/05/2012 Zlata Tancevski 201200101559 Discontinued.
22/06/2012 Naomi Charnock 201200101538 Discontinued.
20/07/2012 David Chan 201200136878 Settled at mediation.
20/07/2012 Emma Johnston 201200136811 Discontinued.
20/07/2012 Sarah Tydeman 201200136887 Discontinued.
19/07/2012 Application for preliminary discovery (Downing Centre) 201200173473 (adjourned till 26 July)
08/07/2013 Application for preliminary discovery against Vicroads Melbourne Magistrates Court - Case nbr D11855133
03/09/2013 Return of Subpoena Civil District Court Sydney Jacqueline Livsey v ANCP Case nbr 201300212713
Woolworths are one of Australian National Car Park's biggest customers. Woolworths also do not seem keen to reply to customers who complain about being fined in Woolworths carparks. "He paid the $88 fee, then wrote to Woolworths seeking information about the fee and why it had been imposed. He received nothing back but a letter thanking him for making his payment. Woolworths and Australian National Car Parks have not addressed any of the concerns he raised in correspondence to them." Source: Hansard
Anyone who wants to let Woolworths know what they think about ANCP can comment here on Woolworth's Facebook page:
The author of the website ANCPSUX wrote to Woolworths and got this reply "our stance is that we will continue to employ ANCP to manage the use of our carparks to maintain adequate spaces to be available to our customers needs."
Anyone who wants to let McDonalds know what they think about ANCP can comment here on McDonalds' Facebook page:
Anyone who wants to let Aldi know what they think about ANCP can comment here on Aldi's Facebook page: https://www.facebook.com/pages/ALDI-AUSTRALIA/194601748575?ref=ts&fref=ts
4. Dun and Bradstreet
5. Jones Lang Lasalle and ISPT Pty Ltd
Barkly Square shopping centre is managed by Jones Lang LaSalle (a large commercial estate agent) and is owned by ISPT Pty Ltd (a superannuation company). Barkly Square is at 90-106 Sydney Rd Brunswick, Victoria 3056 Phone 03-9387 8411 If they cannot help you on 03-9387-8411 try 03-8601-6666
Anyone who wants to let Barkly Square management know what they think about ANCP can comment here on Barkly Square's Facebook page:
5. ARKADIA (managers of Newington Marketplace)
6. Melbourne Sports and Acquatic Centre
If you are the holder of a red, blue, or grey membership sticker and receive a fine from Australian National Car Parks, then take your fine to the front desk at MSAC and ask them what they can do. If you are not successful, ask to speak to the shift manager.
Australian National Car Parks photo gallery
1. An ANCP terms and conditions sign. Click here.
2. An ANCP reminder notice. Click here.
3. An ANCP intention to sue letter. Click here.
4. A Dun and Bradstreet first warning. Click here.
5. A Dun and Bradstreet second warning. Click here.
6. A Dun and Bradstreet final warning. Click here. (Corey Smith).
8. Australian Recoveries and Collections amnesty offer. Click here.
9. Australian Recoveries and Collections final warning. Click here.
11. A letter from ANCP asking for a statutory declaration. Click here.
12. A standard reply to a letter disputing parking or asking for information. Click here.
LIST OF ANCP CAR PARKS
See this link for a list of the ANCP car parks in Australia
ANCP MEDIA ARTICLES
See this link for a summary of ANCP media articles.
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