Lily Martin, 18, is upset about her sudden parking fines after car parks at her workplace had, until recently, been unmonitored for years. Photo / Tania Whyte
Tarewa Centre employees received hundreds of dollars worth of parking fines in the mail, after years of parking at their work with no problem.
The employees said they were shocked by the fines and they always parked out of the way of the customers, but the parking company claimed they had been forewarned.
Lily Martin, 18, received two weeks' worth of parking tickets in her letter box at once with no warning.
"They said they mailed us a [warning] letter first and they didn't."
Martin had been parking at the car park for as long as she had been working there, about two years, so the fines came as a shock.
"One of my workmates got one on Tuesday, and he was like, 'oh, shoot', and then everyone else started getting them."
Martin received 15 backdated $50 parking fines in her letterbox.
"Some of us finish at 8 o'clock... one of my co-workers got beaten, so he's freaked out by walking by himself so I had to wait till late last night to walk with him.
"It's stressful."
The parking at Tarewa Centre was free for the first 90 minutes, according to signage displayed since February this year.
Another employee in the area, Theo Murray, has an almost identical story.
"I got 14-15 tickets, so $700. No warning. They said they gave me a warning but they didn't.
"I was quite annoyed that night as you can imagine.
"So I texted my other mate that I heard had received a ticket as well, and he'd received $1050 worth."
Several employees across multiple businesses that use the car park shared the same shock at receiving large parking fines in their letterbox.
CP Administration director and shareholder Timothy Howe said staff were warned at the beginning of the year that the car park had begun to be monitored and signage was put up.
"These staff have been told that they're not allowed to park there or they have been sneaking in there and parking when they shouldn't have."
Howe said the employees should have received an initial warning ticket but did not take responsibility for ensuring they were sent and received.
"That's a New Zealand post issue, we've got an automated process."
In terms of the hundreds of dollars worth of fines, Howe said they were justified by the costs to administer the fines.
"This process is not about gaining revenue, it's about stopping employees who are not meant to be parking in the car park from parking in the car park."
Howe said the owner of the land has a choice to provide car parks for their customers and they don't provide them for the employees.
"Why are you considering that all employees of a business should be getting a car park?" Howe asked.
After the Advocate made inquiries, Martin was contacted by CP Administration and told her fines had been waived, but she still isn't allowed to park in the lot.
"No employee, with the breaches that have gone out... who have gone to their managers who have contacted us, has been made to pay the breaches," Howe later clarified.
Parking companies are able to find your address and send infringement notices to your home by collecting your personal details from Waka Kotahi New Zealand Transport Agency (NZTA).
When you park in a car park you are agreeing to the terms and conditions imposed by the parking company, but this doesn't mean they can charge you whatever they want.
"Any amount that the parking company claim has to reflect the loss it has suffered," said lawyer Joshua Hitchcock. "This loss could include, for example, lost income by being unable to have other customers use the parking space you are in.
"Theoretically, if you are paying $6 an hour to park and you overstay by 30 minutes, the loss suffered would amount to $3 plus any administrative costs related to the enforcement. This is a far cry from the $65 some charge."
Drivers should keep an eye out for parking signage and stay educated of their consumer rights said Gemma Rasmussen from Consumer NZ.
"If your car is issued with a ticket, these fees must be reasonable. If they are not reasonable a consumer is within their rights to contest the fines. If you are contesting the issue, the company should provide evidence of the breach.
"If the signage is not clearly visible, incomplete, or inaccurate then there may be grounds to dispute parking tickets. It could be potentially misleading and potentially in breach of the Fair Trading Act."
If the person fined can't resolve the issue with the company directly, then they can make a claim in the Disputes Tribunal.
Central Park's terms say: "[Clause] 2.5 If you dispute your parking breach notice you can take a claim in the Disputes Tribunal against us. If you take such a claim and you are successful in your claim, then we will reimburse the cost of the Disputes Tribunal application fee to you."
The Commerce Commission's website also says: "It is important to note that the company cannot send the infringement notice to a debt collector for collection while it is in dispute."
The recipient of the parking fine can also make a complaint to the Commerce Commission if they think it was misleading and raises issues under the Fair Trading Act, Rasmussen said.