According to a report by the Daily Mail on September 22, Australians have been called upon to ignore parking tickets from private companies because they are "unenforceable".
Recently, a Brisbane car owner posted a photo of a $77 ticket on Reddit, asking for advice and asking other Australians if the ticket was real.
The owner of the car said his car was not parked on the street indicated in the ticket. The ticket shows that the parking violation occurred on Sept. 18 at Bridge St in Fortitude Valley, an inner city.
(Image source: Daily Mail)
"My partner parked on Acland Lane in the Valley today, but the ticket said Bridge St, which was around the corner from where she parked," the owner wrote in the post. I've never seen this company, is this ticket legitimate? ”
The ticket, issued by Parking Monitoring & Enforcement Services, also states that if the $77 fine is not paid within 28 days, an additional $43 will be added. Other car owners were quick to point out the legal issues with private parking tickets.
One netizen wrote: "It can't be enforced, throw it away." Another netizen also said: "Throw it in the trash, or stick it on the wall of honor like I did – 100% unenforceable."
As far as I know, in South East Queensland, only parking tickets issued by the City of Brisbane (and other municipalities) and the University of Queensland are enforceable. ”
Another netizen said: "Unless they can get your details and take you to small claims court, they can't enforce the ticket." They used to have easy access to this information, but now the laws are stricter. ”
(Image source: Daily Mail)
As it turned out, the drivers were right. The so-called "fines" issued by private institutions are not actually fines, but compensation to be paid when the driver enters the private parking lot for violating the relevant contract.
According to Yahoo, the Consumer Action Law Centre advises that if drivers don't want to pay, the best course of action is to "do nothing."
According to the center, it is "unlikely" that private parking companies or operators will pursue the matter further – even if they take further steps and threaten legal action.
Melbourne barrister Sean Hardy said the argument that the driver had breached his contract with the private parking company was "untenable".
"The contract does not legally require [the driver] to pay more than the reasonable loss suffered by the company as a result of the breach," he said. ”
The traffic court counsel argued that a loss of no more than $10 would be more realistic for the parking company.
(Image source: Daily Mail)
The Queensland Government recognises that private car park operators can set their own fees and charges.
"You should check the terms of use and fees before using a private car park," the government website reads. If you breach the terms or conditions of the contract, the operator may issue a payment notice. A payment notice or payment request is not a penalty. Only the government or the courts can issue fines. ”
The government also added that private operators must ensure that their terms and conditions are "fair, transparent and written in plain English". However, the government advises drivers who intend to dispute a ticket to indicate that they will challenge the ticket.
"We don't recommend ignoring payment notifications," the website says. ”
《每日邮报》已就此事联系Parking Monitoring and Enforcement Services寻求 置评。