Park Fast

This page explains your rights regarding "fines" you receive from Park Fast car parks. See the links at left to navigate this website.

According to Records of the Federal Court of Australia, the Federal court declared that "Park Fast (SA) Pty Ltd (Park Fast) has engaged in misleading and deceptive conduct, or conduct that is likely to mislead and deceive, in contravention of s 52 of the Trade Practices Act 1974". In this case in the Federal Court, both Adelaide City Fines and Park Fast were found to have engaged in misleading and deceptive conduct.

Since 2003, Adelaide City Fines Pty Ltd (ACF) has been contracted to patrol ParkFast car parks and place "fines" on the windscreens of cars who have not met the terms and conditions of the car park. in this case, Adelaide Council alleged that the ACF Notices are misleading and deceptive, contrary to s 52 of the Trade Practices Act 1974 (Cth) (the TP Act) because they are so similar to the Council’s Expiation Notices. If they were mistaken for the Council’s Expiation Notices, then the recipient might believe that the next enforcement step would be a prosecution and a fine, rather than a civil action for breach of contract.

ACF acts as an agent for Park Fast in, and was established for the purpose, through ParkFast, of improving enforcement of parking conditions within the car parks owned or operated by Park Fast. At all relevant times up to 2005, Paul Monu was the sole director of both ACF and Park Fast. Since then both corporations have been under the directorship of Damian Lester.

As well as losing the case, ACF and Park Fast had to pay the Council’s costs of the proceedings. The Council sought injunctive relief extending beyond prohibiting ACF and Park Fast from using in the future any of the ACF Notices.

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