faq15

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.

Can we make a complaint about a parking company and/or take legal action?

Yes you can make a complaint about a parking company. It can be expensive to take your own legal action though. However, if you make a complaint to the ACCC or to the consumer body in your state (e.g. Consumer Affairs Victoria or NSW Office of Fair Trading), then these government bodies have the power to take legal action on your behalf (and it won't cost you a cent). To show that these bodies are really prepared to act, have a look a this page on my website:

http://sites.google.com/site/unfairfines/ace-parking-supreme-court-trial

What can I complain aboutA lot of people have written to their government consumer body to make complaints about ANCP and other companies. However, these complaintsare mostly worded incorrectly, and therefore Consumer Affairs cannot take any action. For example, most people complain about the following:

1. The signs weren't clear.

Unfortunately these complaints generally won't be acted on by Consumer Affairs. For example, it is the responsiblity of drivers to read and understand the signs. If there aren't enough signs, or they are badly placed, there isn't a lot Consumer Affairs can do. If the signs really aren't clear, then if it went to court, you would win the case. So Consumer Affairs will just tell you to wait to see if it gets to court.

2. The amount claims ($66.00) is too much and is unfair.

Unfortunatley only a court can decide if $66.00 is fair or unfair. And because none of these cases get to court, it has not been decided. So Consumer Affairs will just tell you to wait to see if it gets to court, and if it did get to court, then you can argue $66.00 is an unfair amount. And if it doesn't get to court, you have nothing to worry about.

3. They are being harrassed with demands for money.

A company who reasonably believes someone owes them money has a legal right to write to the person who they think owes them the money. So Consumer Affairs won't act here either.

4. The car park was new and you weren't aware you now had to pay.

The driver needs to read the signs, even if they are new. So Consumer Affairs won't act here either.

5. Its just plain wrong it shouldn't be allowed.

There needs to be more than "just plain wrong". You need to be able to show it breaks the law in some way. So Consumer Affairs won't act here either.

6. Thousands of people are being scammed.

By having unclear signs, or by asking for unfair fines e.g. $66.00, doesn't in itself make it a scam. If you think its a scam, just don't pay the fine, problem solved. So Consumer Affairs won't act here either.

7. It is against the Environment Protection Act to place advertising material on windscreens.

The Environment Protection Act says that companies can affix material to windscreens if they have your explicit permission. The signs explicitly state that by entering the car park, you agree to have a payment notice affixed to your windscreen if you breach the terms and conditions. So therefore, you are providing your permission and the Environment Protection Act is not applicable. It is theoretically arguable that the contract itself in not explicit even though the wording is. However, no council have been willing to test this in court as it is very expensive to do so.

So what should I complain aboutSo what we do is we don't complain about the car parks themselves, or the signs in the car parks, but rather, we complain about the content of the correspondence that the companies send to us, because many of the letters break Australian Consumer Law. If any of the following apply to you, then you have a right to complain to the relevant government authority:

1. If the parking company asked you for a statutory declaration.

Only government agencies can ask for statutory declarations. Private companies cannot. This is an offence and you can complain about it.

2. If the parking company said or implied that you had to prove that you were not the driver.

In Australian Consumer Law, the person who says they are owed money must prove that the person owes them money, not the other way around. This is an offence and you can complain about it.

3. If the parking company claimed you were the driver just because you owned the car that they photographed.

If you weren't the driver, then their claim that you owe them money is unlawful if they have no other evidence. This is an offence and you can complain about it.

4. If the parking company sent you a letter demanding money and you weren't the person who parked the car in their car park.

Under Australian Consumer Law, companies are not allowed to communicate with third parties regarding an alleged debt (if you weren't driving, then you are considered to be a third party). If they have written to you about a debt that belongs to someone else, then this is an offence and you can complain about it.

5. If you wrote to the parking company denying liability and the company either didn't respond to your letter, or kept sending you demands for payment.

It can be considered to be misleading and deceptive not to reply to a complaint. You can complain about this.

6. If you wrote to the parking company asking for a detailed breakdown of the fine, and/or a copy of the contract, and the company didn't respond.

They are required to provide you with reasonable information about your fine. If they don't this is an offence and you can complain about it.

7. If you wrote to the parking company with a query, question, or complaint, and the company did not respond to you.

They are required to respond to reasonable complaints. If they don't this is an offence and you can complain about it.

8. If you received this letter or this letter from Michael G Roper on behalf of Australian National Car Parks.

These letters are unlawful and you can complain about them.

9. If you received this letter from John Diacopoulos.

This letter is unlawful and you can complain about it.

10. If you received this letter from Australian Recoveries & Collections offering an amnesty.

You can complain about this letter for the reasons given on this page

11. If you received this letter from ARC or this letter and you know that you weren't the driver that parked in their car park.

These two letters threaten legal action and/or your credit rating. They can only only make these threats you were the driver, and if you have not denied the debt.

How do I make the complaint

To be completed soon. For now, if you want to make a complaint on one of these 11 grounds, just email me at http://sites.google.com/site/unfairfines/contact-us and I will help you write the complaint. It is critical in all complaints, that you state how and why the letters are misleading or deceptive. I can help you do this. Merely stating that you received a letter of demand and sending a copy of the letter is not enough.

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.