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We received a payment notice and tax invoice under the wiper to which I replied via letter-
On Saturday 30th January at approximately 9:30am I entered the Care Park car park on the Cnr Hopkins St and Moore St in Footscray in Victoria (the car park) in a motor vehicle registration TMFXXX, and parked the vehicle in the car park.
I proceeded to purchase a ticket from ticket machine located within the car park and placed it as instructed on the ticket on the cars dashboard printed side up.
Upon returning to the vehicle at approximately 10:10am I found a payment notice and tax invoice for claim of liquidated damages ticket No. 83312295 (the “payment notice”) placed under the windscreen of the vehicle. A copy of the payment notice and photographic evidence of the displayed valid ticket is attached to this application.
The payment notice alleges that the vehicle was in breach of condition and did not display a valid ticket or pass on the dashboard of the vehicle while the vehicle was parked in the car park.
The payment notice further states that the owner pay liquidated damages of $88 for breach of the Contract.
I deny liability for the Amount Claimed as I was not in breach of condition while a valid ticket was displayed.
Regards
Owner TMFXXX
I received a reply yesterday stating
"Thank you for your correspondence requesting a review of the above payment notice. The subject car park is a ‘pay and display’ car park, a fact clearly indicated on a number of signs at the entry and throughout the facility. Therefore, as per the terms and conditions, a valid ticket must be on display at all times whilst the vehicle is parked within the car park. Care Park is not responsible for the failure of customers to comply with such terms and conditions.
We advise that our records do not indicate any faulty machines at the above facility on the date the payment notice was issued. All ticket machines have a phone number to call in the event of their malfunction. Care Park cannot be held responsible if its customers fail to report a machine problem and subsequently receive a payment notice.
As your vehicle was observed without a valid ticket on display, the above payment notice was correctly issued. However, in light of the facts you have raised, Care Park will consider your application further upon receipt of a statutory declaration declaring that you were unable to display a valid ticket due to a machine fault. A statutory declaration form is enclosed for your convenience. Please be aware that making a false statutory declaration is a criminal offence. Where Care Park has photographic or video evidence that disproves claims made in a statutory declaration, it is company policy to refer the matter to Victoria Police for further action.
Alternatively, as a gesture of good will, your payment of $66.00 will still be accepted until close of business on 26 January 2010. If neither a statutory declaration nor payment is received by that time, you will be required to pay the full amount of $88.00 or the matter will be referred to our lawyers for further action.
Payments may be made by credit card online by visiting paymentnotices.com.au or by phoning 1300 760 544. Payments made by cheque or money order should be made payable to Care Park Pty Ltd and posted to the address below. Please ensure your payment notice number is clearly written on the rear of your cheque or money order.
Yours faithfully"
I love the bit "as a gesture of goodwill"!
My question is have I made a mistake by signing my letter as the owner of the registered car?
I would prefer not to admit anything else and ignore the request for a stat dec. What should I do now?
How did they get my details?
On Saturday 30th January at approximately 9:30am I entered the Care Park car park on the Cnr Hopkins St and Moore St in Footscray in Victoria (the car park) in a motor vehicle registration TMFXXX, and parked the vehicle in the car park.
I proceeded to purchase a ticket from ticket machine located within the car park and placed it as instructed on the ticket on the cars dashboard printed side up.
Upon returning to the vehicle at approximately 10:10am I found a payment notice and tax invoice for claim of liquidated damages ticket No. 83312295 (the “payment notice”) placed under the windscreen of the vehicle. A copy of the payment notice and photographic evidence of the displayed valid ticket is attached to this application.
The payment notice alleges that the vehicle was in breach of condition and did not display a valid ticket or pass on the dashboard of the vehicle while the vehicle was parked in the car park.
The payment notice further states that the owner pay liquidated damages of $88 for breach of the Contract.
I deny liability for the Amount Claimed as I was not in breach of condition while a valid ticket was displayed.
Regards
Owner TMFXXX
I received a reply yesterday stating
"Thank you for your correspondence requesting a review of the above payment notice. The subject car park is a ‘pay and display’ car park, a fact clearly indicated on a number of signs at the entry and throughout the facility. Therefore, as per the terms and conditions, a valid ticket must be on display at all times whilst the vehicle is parked within the car park. Care Park is not responsible for the failure of customers to comply with such terms and conditions.
We advise that our records do not indicate any faulty machines at the above facility on the date the payment notice was issued. All ticket machines have a phone number to call in the event of their malfunction. Care Park cannot be held responsible if its customers fail to report a machine problem and subsequently receive a payment notice.
As your vehicle was observed without a valid ticket on display, the above payment notice was correctly issued. However, in light of the facts you have raised, Care Park will consider your application further upon receipt of a statutory declaration declaring that you were unable to display a valid ticket due to a machine fault. A statutory declaration form is enclosed for your convenience. Please be aware that making a false statutory declaration is a criminal offence. Where Care Park has photographic or video evidence that disproves claims made in a statutory declaration, it is company policy to refer the matter to Victoria Police for further action.
Alternatively, as a gesture of good will, your payment of $66.00 will still be accepted until close of business on 26 January 2010. If neither a statutory declaration nor payment is received by that time, you will be required to pay the full amount of $88.00 or the matter will be referred to our lawyers for further action.
Payments may be made by credit card online by visiting paymentnotices.com.au or by phoning 1300 760 544. Payments made by cheque or money order should be made payable to Care Park Pty Ltd and posted to the address below. Please ensure your payment notice number is clearly written on the rear of your cheque or money order.
Yours faithfully"
I love the bit "as a gesture of goodwill"!
My question is have I made a mistake by signing my letter as the owner of the registered car?
I would prefer not to admit anything else and ignore the request for a stat dec. What should I do now?
How did they get my details?
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