Michael received a fine from Traffic Monitoring Services (Secure Parking) for an allged breach of contract. He then received follow up letters from BDK Lawyers (Botten Dnistriansky Kelly lawyers) threatening legal proceedings if he didn't pay the fine within 21 days. The letter from BDK Lawyers ((Botten Dnistriansky Kelly lawyers) was almost identical to this letter that other people have received. After reading this website, and also doing his own research, he sent the following email to Traffic Monitoring Services:
From: *** ******* [mailto:******@******.com] Sent: ** December 2012 To: TMS AU INFOSubject: Clarification Of Issued Fines
To Whom It May Concern,
I recently received a letter from BDK Lawyers communicating that I, or the person authorised to drive my vehicle, was in breach of the terms and conditions of the car park located at 17 Ross St, Newstead QLD.
The fines read:
- Failure to display valid parking ticket – issued December 2011
- Failure to park within marked bay – issued March 2012
Firstly, it has been indicated to me by the Brisbane City Council that the car park in question was not authorised for business, nor did it have the appropriate council permits to be operating as a car park and collecting money from consumers. Before I go any further, I will require you to provide proof contrary to this that unequivocally shows that Secure Parking/TMS were authorised to be operating the site as a car park, legally.
Further to this, I will also need a copy of the contract which indicates the terms and conditions referred to in the letter that I have received, and that I am allegedly in breach of.
With regard specifically to the fines, and assuming the car park was legally allowed to operate and issue fines, I will need additional information. At no time did I receive an infringement notice on my windscreen regarding ‘failure to display valid parking ticket’. Therefore, this letter is not appropriate. Also, with regard to the ‘failure to park within a marked bay’ which I in no way acknowledge ever happened, I will need to see proof that the vehicle in question was indeed mine and was indeed not parked in a marked bay.
You have indicated that as the owner of the vehicle, I am responsible for the debts accumulated on the vehicle, this is incorrect. You have also threatened legal proceedings and additional costs unless the outstanding amount has been paid. As I do not acknowledge anything contained within your letter or that I was the driver of any vehicle parked in the car park in question, you are not able to hold me accountable for fines issued to another driver of my vehicle. You may only recoup your money from the alleged driver of the vehicle.
If you could please provide the requested information above, I will endeavour to review this matter further.
Please also be advised, that if this car park was not operating with the required permits, and has been illegally collecting funds from consumers, I will also be seeking legal advice. The next communication I would like is either the information I have asked for, or a letter indicating that the fines have been terminated and no longer apply.
Many thanks,
Michael
The following day after sending the above email to TMS, Michael received this letter from TMS which said simply "Please be advised that TMS has, in this instance, decided to waive this breach in full". Its interesting that they still refer to it as a "breach".
Michael and I are unsure if the fine was dropped because the car park did not have the correct permit, or because he did not admit to being the driver. The moral of this story is don't be intimidated by letters from BDK Lawyers.