Parking fees threat not legal: Quigley

GARETH PARKER, The West Australian September 3, 2010, 6:19 am

Motorists are under no legal obligation to pay $60 parking breach notices issued by private operator Wilson Parking, shadow attorney-general John Quigley says.

As Wilson's request that the State Government hand over the details of 10,000 WA motorists raised new questions about its tactics in pursuing people who did not pay its parking fees, Mr Quigley said Wilson relied on "bluff and bluster" to enforce the breach notices.

"They haven't got the power to fine people, they are not a government authority," he said. "It's all just a matter of civil contract. Because people are easily bluffed, they pay up.

"If (Wilson) have imposed a $50 or $100 fine and put it on someone's windshield, that's not what they can recover in court. What they've lost under contract is the parking fee."

Wilson's position is that the $60 sum represents a genuine pre- estimate of the loss it suffers when people overstay or refuse to pay parking fees, including the cost of patrolling carparks and chasing up non- payers.

In response to questions yesterday, Wilson Parking chief Craig Smith said: "The breach notices issued by Wilson Parking are enforceable."

But the company refused to answer questions about the 20 motor vehicle owners whose details it obtained last month through a WA Supreme Court order, and its fresh demand that the Government hand over the details of 10,000 motorists it says have not paid parking notices.

Wilson obtained the details of the 20 motorists under a Supreme Court rule that allows "discovery" of certain information in connection with the start of legal proceedings. Wilson yesterday refused to say if it planned to sue the 20 motorists.

It refused to say whether it would seek the details of the 10,000 motorists through the Supreme Court.

Transport Minister Simon O'Brien said it was the Government's understanding that the 20 motorists' details could be used by Wilson only in connection with the start of court proceedings.

Wilson had said in media statements that it wanted the information to send their customers "reminder letters".

Mr Smith said: "Wilson will not comment on their legal strategy."


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12 Comments

  1. Judy04:07pm Friday 03rd September 2010 WSTReport Abuse

    They used the service, they should pay the bill. Surely any private enterprise has the right to get it's bills paid.

    Reply
  2. monkeys09:10am Saturday 04th September 2010 WSTReport Abuse

    Your both right If you use the service pay the bill Be happy

    Reply
  3. 09:18am Saturday 04th September 2010 WSTReport Abuse

    if you use council parking and you dont pay your ticket ..your driving license will be suspended..I dont see why should be any different with private enterprise

    Reply
  4. monkeys09:24am Saturday 04th September 2010 WSTReport Abuse

    Terri your quite right Trouble is most people in Perth dont care if they have a license when they drive

    Reply
  5. 09:29am Saturday 04th September 2010 WSTReport Abuse

    yes but when they are going to impound your car for driving without a license...immediately life will be very complicated ....you use the services you will have to pay

    2 Replies

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