ANCP fails in High Court

Australian National Car Parks has failed in High Court bid to overturn a decision by NSW state parliament to prevent ANCP from getting vehicles details owners from the Roads and Maritime Services.

In November 2012, a bill was passed through NSW state Parliament to prevent private car park companies from obtaining the personal details of vehicle owner from the Roads and Maritime Service.

From Novemeber 2012 onwards ANCP and other car park companies in NSW could no longer get vehicle details, effectively putting an end to their Pay and Display parking franchies in NSW.

ANCP commenced proceedings in the original jurisdiction of the High Court of Australia, seeking a declaration that the NSW legislation (section 279 of the Road Transport Act 2013 (NSW)) is constitutionally invalid.

ANCP submitted that the section "deprives the plaintiff of its fundamental common law rights before the law to sue a third party for alleged breaches of contract", by denying the plaintiff access to information necessary to identify the third party.

It is history now that ANCP lost that appeal, and that the ANCP business model has taken a battering in NSW.

The case judgement can be found here: http://www.caselaw.nsw.gov.au/decision/54a63ed93004de94513dc405