Ask Susan: Parking mistake

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Q: Can you tell me if private car parking infringement charges have to be justified in some way? I parked at Northridge Plaza, Albany, for two hours, but accidentally in the 30-minute strip. I thought it was all two hours. The infringement fee was $65. I was a genuine luncher and shopper. It makes you paranoid and angry and not want to shop there again. - Debbie

A: Yes, parking fines do have to be justified in some way.

The law says you have to pay only for the damage, harm or loss you caused the landowner. In this situation, the harm would be that you might have stopped others being able to use the parks and spend money in the shops, and the management could claim a loss of the cost of monitoring the park and ticketing you.

Consumer Affairs suggests in this sort of situation that you offer to pay a smaller amount, and include a letter explaining why you don't think the full amount is fair. If the landowner or the parking enforcement company continue to demand that you pay the full fine, keep telling them that you dispute liability.

If the fine is referred to a debt collector, tell the collector that the amount is in dispute and send them copies of the earlier correspondence. Also tell them that if any default is listed on your credit rating, you will complain to the Privacy Commissioner.

You can take the matter to the Disputes Tribunal at any time and claim non-liability, but you will have to pay a filing fee.

If the sign was unclear, the car park management may not be able to claim that you accepted the risk of being towed or fined.