Disclaimer: the author of this website is not a lawyer and this site does not constitute legal advice. All information on this website is of a general nature only.
7. I have aleady paid a fine - can I get my money back?
Yes, if you have paid a fine, it is possible to get your money back. This has been achieved by some people in the past. If you have paid a fine already, then is it is quite safe to write to the parking company. If the company doesn't send you your money back, you can write to the consumer organisation in your state, and/or contact your local newspaper.
Louise Roy was successful in obtaining her $163 back from Australian National Car Parks on behalf of her mother. Louise wrote this letter to ANCP and received this reply from them.
The author of the website ANCPSUX.COM received a letter from a Woolworths area manager who said "I have spoken with the Store Manager and he ordinarily will speak with the ANCP management team and can get tickets cancelled or may offer a refund"
(see http://ancpsux.com/MyStory.htm).
The exact wording of your letter would depend on your indvidual circusmstances, but the following should get your started. You should send the below letter to the car park company, and also send a copy of the letter with another covering letter to Woolworths or whichever company the car park is there to service.
Dear Sir/Madam,
I am writing about infringement notice xxxxx dated xxxxx. I have paid this notice on 99/99/9999. However, I now ask for a refund. My reasons for asking for a refund are:
I did not park my car in your carpark. I only paid the fine because you were insistant I, as the owner of the car, was liable. I have since learnt that the owner is not legally liable if they were not the one who parked the car in your car park. [use this bullet point if you are claiming you didn't park there]
The correspondence I received from you make the demand look like it came from a statutory authority. I have now learnt you are not a statutory authority.
I have now learnt that your demand for $88 [insert other amount if applicable] is not a reasonable pre-estimate of the damage caused by my parking, and therefore this is an illegal fine.
If I do not receive my refund in 28 days of the date of this letter, then I will
Complain to [insert name of consumer association in your state e.g. Consumer Affairs in Victoria, Office of Fair Trading in NSW etc.]
Complain to the Consumer Action Law Centre [if you are located in Victoria]
Take legal action to recover the money you owe me.
These complaints will be lengthy affairs that will generate publicity in local and daily newspapers.
Yours sincerely,
xxxxx xxxxxxxxx
If the car park company doesn't return your $88, then stay true to your word and write the letters of complaint as detailed above. Also phone your local newspaper and ask them if they want to run a story. Look at the articles on this page to get an idea for storys: http://sites.google.com/site/unfairfines/media You will be able to tell from that page that the media love running stories on private car parking companies. Disclaimer: the author of this website is not a lawyer and this site does not constitute legal advice.