faq18

Question: Can the company make me responsible for a fine incurred by someone else who was driving my car? I sent the company a letter saying that I wasn't the driver. The company responded claiming the driver was acting as my agent and therefore I am responsible for all debts and fines incurred by the driver.

The answer to this question comes straight off lawyer Sean Hardy's website. The relevant sections of Sean Hardy's website are:

1. Read the first three paragraphs of Sean's entry on this page that starts with "Bullocks": http://www.trafficlaw.com.au/forum/viewtopic.php?f=30&t=538&hilit=ancp&start=270#p10367 The most important bit is where he says "if the car park company wanted to rely on contractual agency law to claim the fees and penalties from the car owner they would have to prove that the car driver parked the car in the car park with the consent of the owner and the owner authorised the driver to enter into the contract on the owner's behalf - i.e. for the owner's benefit. Fat chance of them having any evidence to support that". 2. You should also read Sean's entry on this page http://www.trafficlaw.com.au/forum/viewtopic.php?f=30&t=538 Especially the part where Mr Hardy says "if a car park company wants to enforce its demand it will need to sue the driver and to do that it will need evidence in court of who the driver was. In the absence of any evidence of who the driver was, the car park operator has no case. If the company tries to allege that the registered operator is liable for the debt it will need evidence that the driver was the operator's employee or agent". 3. On the third last entry on this page http://www.trafficlaw.com.au/forum/viewtopic.php?f=30&t=538&start=846#p19831 Sean says "There was a Care Park case listed in the Melbourne Magistrates Court today. Last week Care Park filed a notice of discontinuance, after acknowledging that they couldn't prove the defendant was the driver. The defendant has filed a costs application". And then on this page http://www.trafficlaw.com.au/forum/viewtopic.php?f=30&t=538&start=882#p20321 Sean says "Care Park Pty Ltd dropped a case against my client last month and have now paid my legal costs...". You'll also see an image file link there ([img]). If you click on that link you will see a scan of the cheque that the car park company had to give to Sean.