So you have received a letter of demand from Parke Lawyers? This page explains how to respond to letters from Parke Lawyers. See also the FAQs pages (see links at left to navigate site), for general information about private parking fines and tickets.
Parke Lawyers are paid by Care Park to put their name at the top of letters sent to people whom the parking companies claim owe them money for parking fines.
This page and accompanying website explains how to have a fine or ticket issued by these companies withdrawn. In my opinion there are a number of issues with the letters that Parke Lawyers sends to vehicle owners and, because of these issues, it might be possible to get your fines withdrawn, if you follow the instructions on this website.
Private parking companies like to send out letters of demand on a lawyer's letter head like Parke Lawyers because it can make some people fearful that legal action is going to take place, when in fact, it most likely isn't going to take place at all, and cases of private parking companies perusing drivers in court for fines are relatively rare.
Letters from Parke Lawyers analysed
Lawyers representing parking companies often also include questional material or threats. Take this letter from Parke Lawyers which says "to avoid the cost of court proceedings, you must immediately pay the overdue amount". This is questionable, because the letter implies it is a forgone conclusion that the person who received this letter will have to pay the cost of court proceedings. However, in order for this person to have to pay for court proceedings, Parke Lawyers would firstly have to commence legal proceedings and serve the proceedings on the vehicle owner. The vehicle owner would then have the opportunity to defend themselves. If the vehicle owner won the case, then no court proceedings would be payable by the vehicle owner.
Further, even if the vehicle owner lost the case, the cost of court proceedings are not necessarily payable unless a court orders such payment. In lower courts, courts often do not order the losing party to pay the costs of the proceedings, especially for small claims under $500.
The above letter also says "we have today received instructions from Care Park Pty Ltd to recover liquidated damages and legal costs owing to it arising from your breach of conditions of parking on ......". The problem I have with this statement is that this person also received this letter from Care Park which states quite clearly that Care Park do not know the identify of the driver of the car when it was parked in their car park. If Care Park don't, by their own admission, know who was driving the vehicle, then how on earth then did Care Park give instructions to Parke Lawyers that the vehicle owner had breached the conditions of a contract? And surely Parke Lawyers would be aware of the letters that its client (Care Park) had sent previously to drivers.
Contacting Parke Laywers
According to the Law Institute of Victoria, the email address for Parke Lawyers is law@pl.com.au and the telephone number is Tel: 1300 131 111. According to Linkedin, Jim Parke is the Manager Director of both Parke Lawyers and Crown Collections. The findlaw website, shows Jim Parke's phone number as 8699-4000 and his email address as jim@pl.com.au The other thing to note about Jim Parke is that "James Parke" is shown on whois as the registrant for both Crown Collections website and the Parke Lawyers website. Jim Parke's personal mobile number is 0438-127-059 Also, see my page on Jim Parke.
Parke Lawyers in the press
Priacy issues regarding Care Park's access to car owner's private details was questioned in a publication by the Tasmania Examiner. In the Tasmania Examiner, a Mr Simm said he had initially been told by Care Park to contact Service Tasmania, and then Tasmania Police. "Both of the them told me there was no way the information had come from them," Mr Sim said. "The next time I rang Care Park, they just hung up on me" he said. Parke Lawyers principal Jim Parke later contacted The Examiner to discuss the concerns put forward by Mr Simm. Mr Parke said "Care Park engages Parke Lawyers and a number of other law firms to represent it, and to ensure at all times strict compliance with the law, including the Privacy Act."
MP calls for investigation into Parke Lawyers
Victorian state member of pariliament, Mr Hong Lim, said in parliament "The claim for legal damages by Parke Lawyers seems to be an old‑fashioned shakedown of those who are unaware of their rights, and the role of Parke Lawyers in these sharp practices seems, at best, highly questionable". Further, Mr Hong Lim said " I urge the Attorney‑General to investigate Parke Lawyers and to ensure that the vulnerable are not victims of legal firms who prey on the weak and ignorant". Read more ...
Geoff Lake criticism
The Age newspaper ran an article on 17th June 2015 quoting Monash councillor Geoff Parke criticising Jim Parke. In response, Jim Parke was quoted as saying "I had the business of Crown Collections and Parke Lawyers long before I nominated for council".