Getting out of parking tickets: Wilson/PES parking "fine" guide/thread

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  1. Post
    since i went right to the end of this process maybe a year or two ago, I've received another 2 wilsons tickets from the same lot in wellington (tory st warehouse), i don't even get an overdue payment letter from them to dispute anymore, they just seem to disappear.
    the only change in my circumstances is i took my car details off that website after my 1st rodeo with PES
    i checked my credit rating and it hasn't been altered either

  2. Post
    exactly, they can't do shit. it costs them more to recover the unpaid 'fine' than to ignore it

  3. Post
    Chunky wrote:
    If their margin was $65 then sure..
    Good point but the ticket isn't 100% margin either.

  4. Post
    Vulcan wrote:
    Good point but the ticket isn't 100% margin either.
    The whole point is there isn't allowed to be any margin on the ticket. They're for recouping cost to the business.

  5. Post
    GaR wrote:
    The whole point is there isn't allowed to be any margin on the ticket. They're for recouping cost to the business.
    Cost to the business of what though?

  6. Post
    Vulcan wrote:
    Cost to the business of what though?
    Historically is has been the use of the park only as use of a park doesn't guarantee a sale.

  7. Post
    networkn wrote:
    So is information all this still relevant even though it was initially posted in 2016? The wording on the tickets (got one at Bunnings) has changed and says that this fine reflects liquidated damages.
    The relevant legislations remain largely unchanged. Nevertheless, it may be useful to know the wording of the newer Infringement Notices.

  8. Post

    Car owner but not the driver?

    I just received letter in the mail from Parking Enforcement Services for a parking breach that occurred 8 months ago!
    I know I was not in Perth at the time of the incident, but several people have access to the car, so I am not the only driver. I appealed and explained that I was definitely not the driver of the car at that time so I would not be paying the $65 requested. Where do I stand legally if I am the registered owner of the vehicle, but was not driving it when the breach occurred?

  9. Post
    Up shit creek I imagine. Pro tip, don't let other people use your car and cost you money.

  10. Post
    lol what, he's got a complete defense - if I take your baseball bat and smash somebody's windows, is it your fault because you own the bat?

    the PES troglodytes will probably still try it on but there's no way in hell that you should pay

  11. Post
    Bat isn't registered to me, so i'm going to say nah.

    If that is a defense that gets you off so easy, why doesn't everyone just say, "nah wasn't me, not paying". Would make things so much simpler.

    If someone gets a speeding fine in your car, pretty sure you'd have to name the driver if you didn't want to pay it yourself. "nah wasn't me" "oh sorry sir, have a nice day".

  12. Post
    it doesn't matter who the car is registered to as long as you can prove that it wasn't you driving it on the day - and blurae wasn't even in the country at the time so that should be simple.

    i don't know why people even communicate with PES, they have no right to issue any fines full stop.

  13. Post
    sorceror wrote:
    it doesn't matter who the car is registered to as long as you can prove that it wasn't you driving it on the day - and blurae wasn't even in the country at the time so that should be simple.

    i don't know why people even communicate with PES, they have no right to issue any fines full stop.
    That doesn't work for speeding fines, I don't see why it should work for parking fines (council or private).

  14. Post
    Given the foundation is that PES is enforcing a breach of contract to enable these infringement notices, if you were not party to the contract then they can't legally enforce it.

    It's how i got out of my infringement notice, they realised that they were trying to enforce a contract where I was not aware of the terms of the contract therefore I'm not able to consider the contract and thus because of that it can't legally be enforced. The exception is where a fine is issued under a bylaw.

  15. Post
    KevinL wrote:
    That doesn't work for speeding fines, I don't see why it should work for parking fines (council or private).
    of course it works for speeding fines, it's written at the back of the infringement notice.

    http://www.police.govt.nz/faq/someon...t-what-do-i-do

    council ones:
    https://at.govt.nz/driving-parking/p...ty-for-a-fine/

    private parking is a contract between a person and the carpark place, not between the car and the carpark.

  16. Post
    Yes, but what if you can't determine who was driving the car at the time?

  17. Post
    well for speeding fines you just need to take all reasonable steps to identify them, you can request a picture etc. if you were out of the country and you can prove that there's no way that you would be liable.

    but this is all beside the point because we are talking about a private parking ticket - identifying the driver is PES's problem.

  18. Post
    Fragluton wrote:
    If that is a defense that gets you off so easy, why doesn't everyone just say, "nah wasn't me, not paying". Would make things so much simpler.
    You can say that with these crappy private "fines" because they can't do shit about it. They're as legit as if I PM'd you saying you owe me $100 because you're a pleb. With council or Police fines you have to pay them otherwise you end up with a warrant out for your arrest.

  19. Post
    I'm so glad I found this thread, seriously interesting read. I've got a bit of a situation on my hands and wondering if I should give this process a go

    I just got an infringement notice today parking at AUT Millennium, which is monitored by LPR.

    I automatically went onto the NZTA website and opted out of the info sharing as described here, but one of my lawyer friends said that if the terms and conditions (which are displayed at the carpark) stated that they can proceed with giving my information to a debt collection agency, that the debt collection agency could then possibly access my information - then I'm guessing I would have to attempt the 2/3/4 solutions outlined by OP.

    I legitimately forgot to go and put money into the machine - you get 90 mins free parking then have to pay after that time expires. I received the ticket about 40 mins after the time expired.

    I took a photo of the T&C and it does mention that I'd be liable for costs incurred for them to hand over the case to a debt collector.

    I got the infringement notice at 10:58am, and went online to opt out of the NZTA info sharing at 1pm.

    Reckon I should go for it, or cave and pay the 30 bucks. It goes up to $65 if I don't pay it within 24 hours

  20. Post
    If it was me I would just suck it up, but 24 hours and it doubles sounds like a rort. Should get like 30 days to pay.

  21. Post
    Gerter wrote:
    If it was me I would just suck it up, but 24 hours and it doubles sounds like a rort. Should get like 30 days to pay.
    Yeah, a part of me cbf putting in the effort to fight it. But yeah, $65 after 24 hours, and you have 21 days to pay the $65 before they start with debt collection agents etc

  22. Post
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    Here are their terms and conditions regarding the debt collectors

  23. Post
    1) do they have your name and address? they can't send anything to the debt collectors without that.

    2) do you need to park there in the future?

  24. Post
    sorceror wrote:
    1) do they have your name and address? they can't send anything to the debt collectors without that.

    2) do you need to park there in the future?
    1. They shouldn't have my name and address, unless they went to the NZTA within the 3 hours of them issuing the ticket and me finding it at 1pm and opting out of the NZTA list. Is that likely given they smaller nature of LPR versus the likes of PES or Wilson?

    2. Yes I do, potentially, and that is the part of me that wonders whether I should cave and pay the $30 while I can. Whether they will now have on file that my number plate owes them money, and if they have to check my plate for existing time in future, will they get a little pop up saying 'this prick owes you $65'

  25. Post
    2) is more likely than 1) but it's anyone's guess really.

    if you want to stay there i'd probably consider paying, i imagine if you keep parking there and ignoring their notices they will eventually clamp or tow.