Rotorua policeman wins court battle over $70 fine following i-Park app frustrations

Nicholas O'Sullivan, a Rotorua police sergeant, took Rotorua Lake Council's parking contractor, iPark, to court over a disputed parking fine. Photo / Kelly Makiha

A Rotorua police sergeant has won a court battle over a disputed $70 parking ticket, following frustrations with a parking app.

Nicholas O’Sullivan represented himself in the Rotorua District Court on Thursday, explaining he had been unable to pay for parking because Rotorua Lakes Council contractor i-Park’s parking app was not working – a problem he said happened frequently.

An i-Park representative told the court O’Sullivan should have parked in a free parking space two blocks away if he could not pay for parking.

O’Sullivan detailed to the court how he tried to dispute the ticket on the day but was “fobbed off” by the council – the enforcement authority listed on the parking ticket – and sent to a third party that pointed him to a website that only offered explanations in Swiss, Italian and French languages.

Justices of the Peace (JPs) Julie Calnan and Catrona Watson ruled the “critical element” was that O’Sullivan tried to pay.

“We therefore find that Mr O’Sullivan tried everything that was reasonable to pay the parking ticket and dispute the infringement but was unable to do so and was not assisted by any of the agencies involved.”

O’Sullivan took the case to court as a private citizen and not in his capacity as a police sergeant. He asked that the matter be called in court after failing twice to dispute the infringement.

Failure to pay the fine was an offence under the Land Transport Act that carried a maximum penalty of a $1000 fine.

He told the JPs he parked outside his workplace – the Rotorua Police Station – on Fenton St at 8.34am on May 2 and tried to use the i-Park app to pay, as he had done several times before.

He said multiple attempts failed and he thought to himself “here we go”, so he took screenshots to ensure he was “covered”, he told the JPs.

He said he had no issue paying for parking and produced a pile of papers showing the numerous times he had paid.

He argued he could not use nearby parking metres as he did not carry cash or own a debit card.

O’Sullivan told the court he had no choice but to bring the “frustrations” to court “on behalf of his colleagues, friends and the public of Rotorua”, as he said the same problem had happened “multiple times”.

The Rotorua Lakes Council's parking system was the subject of a court battle this week. Photo / Laura Smith

“Myself and my work colleagues all take screenshots when we have these issues.

“To save the court’s time, I didn’t think it was relevant to bring 20 police officers to the court to explain the numerous issues we have had around parking outside our particular workplace.”

Michael Kelly told the JPs he was the general manager of Innovations Parking Solutions, known as i-Park – the Auckland-based company contracted to the council to deliver Rotorua’s parking service.

“We submit the defendant did not pay for the parking and that if the defendant was unable to pay for the parking, he had the option to relocate his car to a place where there was no payment required, approximately two blocks away,” Kelly said.

O’Sullivan came to court with a file of evidence, none of which the JPs or Kelly said they had received.

O’Sullivan said he supplied a dossier of all documents, including his statement and supporting evidence, to the council and could provide an email acknowledging receipt.

Nicholas O'Sullivan wanted to pay for his parking, but couldn't. Photo / Mathew Nash

Kelly said he did not dispute they were sent, but said he had not been forwarded the documents.

Kelly produced evidence showing the parking metres close to O’Sullivan’s car park and the app were functioning between 9am and 10am on the day in question.

O’Sullivan said the evidence was “irrelevant” as the app wasn’t working when he tried to pay at 8.34am, not between 9am and 10am.

Watson said O’Sullivan had done everything he could.

“When he received the ticket, he went straight to the enforcement authority as listed on the ticket, which is the Rotorua Lakes Council.”

She said the Rotorua Lakes Council “would not listen to his complaint” and told him to go to the Community Hub. There, he was instructed to contact PrestoPark, the company behind the i-Park app.

“He attempted to phone them but we have seen evidence that he was unable to proceed as there were only non-English options on the app.”

The JPs dismissed the case.

“Therefore, we find the infringement not upheld and Mr O’Sullivan is free to go.”

Rotorua Lakes Council voted in May not to renew its contract with i-Park.

From July next year, the council will directly employ parking wardens and will take over responsibility for customer service and financial administration.

The outsourced i-Park system was introduced in mid-2018 and has reportedly been a source of frustration locally.

Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.