Wilson Parking and its 100% owned subsidiary Parking Enforcement Services have been caught handing out fake fines to drivers in Canberra. Using a modus operandi striking similar to Ace Parking (who were found by the Supreme Court of Victoria to have engaged in misleading conduct) and Adelaide City Fines (who were also found by the Federal Court of Australia to have engaged in misleading and deceptive conduct).
It is illegal for private companies to use the word "fine" on its literature, as only statutory bodies such as councils and police have the power to issue fines. Private companies in contrast can only make damages claims for a breach of contract.
Following complaints from drivers in the Australian Capital Territory, the ACT's Fair Trading Office launched an investigation into Wilson Parking and Parking Enforcement Services. The drivers had complained about possible breaches of consumer law involving pay stations which could not be distinguished from ACT government ticket machines. The Fair Trading minister said that Wilson Parking had conducted its operations "in a manner which was misleading or deceptive, and made representations which were false or misleading".
To avoid being taken to court, Wilson Parking have signed a one year enforceable undertaking with the ACT Office of Fair Trading. Under the undertaking, Wilson Parking has agreed to make changes to parking fine notices issued to drivers and to signs in the car parks areas, and will attempt to refund drivers who paid the fake fines. Any outstanding parking notices will also be waived and changes will be made to the wording of terms and conditions. Wilson Parking will also donate $10,000 to charity.
The official Enforceable Undertaking can be found here on the Office of Regulatory Services (ORS) website.