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  • #16
    The difference between a state/local government enforced parking offence, and the one described by the O.P is this;

    1) Government enforced offences and the recovery of debts framework is very specific, and you can write letters, stat dec's or phone to speak to people.

    2) Dodgy Pr*cks inc, has no framework in which to collect the alleged debts, and no leniency whatsoever. They are sending out debt notices over two years old in some cases, and with errors pertaining to dates, times, rego numbers, vehicle types and locations. These are errors which nullify state and local goverment enforced fines.

    3) Dodgy Pr*cks inc, are charging more than what a reasonable person would deem appropriate in the circumstances.

    4) Signage and the ability of the general public to interpret and understand the alleged contract being entered into are totally different. Councils typically notify citizens of intention to apply laws pertinent to traffic management via various methods, signage, clearly identifiable parking rangers, and published notices. Dodgy Pr*cks inc, do not. Some wanker in a vest is not a clearly identified ranger, and if I caught them near my car, a hockey stick through the shoulder blades will negate any fine.

    5) Dodgy Pr*cks inc also HAVE NEVER undertaken the services of the State Debt Recovery Office or the NSW Sheriffs Dept. (Freedom of information is a wonderful thing) Thus making their claims for debt recovery frivolous. (As for Victoria, I don't know)

    6) Dodgy Pr*cks inc are self regulating. Which state and local governments are not.

    7) When an organisation draws the attention of more than one State's consumer rights office, that in itself indicates the severity of the complaints.

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    • #17
      So are you saying I should ignore their requests from now on?
      I tell you when I fount the "fine" under the wiper my temper started to get the better of me. Almost tempted to wait for him to rear his/her head. Why don't the youths looking to bash someone pick on these guys? I would condone it!
      2010 Vrs Tsi DSG Estate Anthracite Zenons Foglights Sunroof Front Parking Sensors Leather Tint Bluefin Love it!
      2005 Golf 2.0fsi Sportline

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      • #18
        I wouldn't complete a stat dec - as they say that making a false declaration is a criminal offence.
        You didn't do anything wrong, and you have the evidence to prove it.

        I would write back and state that their "form letter" that they sent you did not address your situation as stated, as there was nothing wrong with the ticket machine, which you used and displayed a valid ticket in the manner as described in the terms and conditions. Also state that you have evidence to prove this (but don't tell them what it is) and that you consider that this matter is closed, without paying any sum for an alleged offence, and if they wish to proceed with recovery of the sum for the alleged offence, they should contact your solicitor in the first instance.

        They will need to prove that you parked contrary to the terms and conditions, which you didn't, so they have nothing.......
        Redman.
        MkVI GTI Reflex Silver, DSG, 18' Detroits, Xenons, Leather, Sunroof, DynAudio, MDI

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        • #19
          It's a con they have lost every time they have gone to court in Vic from what I've been told. Ignore them.

          It's interesting that these things only happen in the northern and western suburbs of Melbourne. They know that if they tried it in the more legally aware east they would have their a*&$s sued off by some lawyer who's Mercedes they had ticketed.
          My Škoda photos here

          Flickr : Blog

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          • #20
            Fill out a stat dec and send them an invoice for your time, as they have requested you fill out the stat dec, do so at your nominal hourly rate of $145 ex GST.

            This stat dec should state that you will if this matter is not resolved pursue the Care Park infringement officer for also tampering with your parked car windscreen wipers that are now 'malfunctioning'.

            I love this, all over $88, I will send you $8 for the entertainment value of this.

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            • #21
              Originally posted by mikinoz View Post
              Fill out a stat dec and send them an invoice for your time, as they have requested you fill out the stat dec, do so at your nominal hourly rate of $145 ex GST.

              This stat dec should state that you will if this matter is not resolved pursue the Care Park infringement officer for also tampering with your parked car windscreen wipers that are now 'malfunctioning'.

              I love this, all over $88, I will send you $8 for the entertainment value of this.
              So when the matter is before a magistrate or judge, what will be thought of the dishonesty about the wipers "malfunctioning"

              It's already been pointed out that it's frowned upon in a serious way, to lie on a Stat Dec. Why would you recommend doing just that, I wonder?

              That bit is not good advice.
              sigpic

              2008 Blue Graphite GTI DSG with Latte leather. SOLD 4/9/2024

              2023 T-ROC R - Sunroof, Black Pack, Beats Audio

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              • #22
                Is the magistrate going to walk outside and check the functionality of the wipers?

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                • #23
                  I'd suggest a smeary fingerprint that was not there and some adhesive from the sticker are just cause for tampering with a stationary vehicle.

                  And if you take legal advice from an internet forum, you should be fined an additional $88.

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                  • #24
                    Perhaps the ticket inspector and he was blinded by the sun's reflection from your reflective shades... Depending on the angle he was standing at it could've completely been hidden..

                    Although this doesn't excuse the company ignoring the obvious truth in the photograph and disregarding your excuse.. It seems they chose the wrong template for the return letter... The "faulty machine" template which doesn't even make sense! It's like a trained monkey read your letter and pressed the wrong reply button
                    Last edited by kapowww; 19-02-2010, 03:13 PM.
                    VW Bora V6 4motion

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                    • #25
                      Originally posted by schoona View Post
                      Is the magistrate going to walk outside and check the functionality of the wipers?
                      So you like the idea of lying too?
                      sigpic

                      2008 Blue Graphite GTI DSG with Latte leather. SOLD 4/9/2024

                      2023 T-ROC R - Sunroof, Black Pack, Beats Audio

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                      • #26
                        Originally posted by gerhard View Post
                        So you like the idea of lying too?
                        I'm with you Gerhard, this is bad advice. Lying on a stat dec is tantamount to committing perjury, which is a very serious offence indeed the consequences of which can be severe. Does anyone else here remember a certain former Judge who received a 2 1/2 year sentence after lying about a $77 speeding fine?





                        Cheers

                        George
                        06 Jetta 2.0TFSI Killed by a Lexus!
                        09 Eos 2.0TSI DSG Loved this car but has now gone to a new home!!
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                        • #27
                          Guys, I have to say I am disappointed at your lack of sense of humour or grasp of reality. I could tell to OP to fly a light aircraft into a building, but I would hope that they had the sense and wherewithall that I was not being literal. Inherently, if you don't understand that there was no actual damage to the car, clearly a comment such as mine is in the direction of sarcasm and irony

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                          • #28
                            I read it as a joke first and a way to get some revenge second. Maybe I need a trunkmonkey
                            http://www.youtube.com/watch?v=RCUBxgdKZ_Y
                            2010 Vrs Tsi DSG Estate Anthracite Zenons Foglights Sunroof Front Parking Sensors Leather Tint Bluefin Love it!
                            2005 Golf 2.0fsi Sportline

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                            • #29
                              Well we returned the signed stat dec and received a letter yesterday stating they are not going to proceed any further.
                              2010 Vrs Tsi DSG Estate Anthracite Zenons Foglights Sunroof Front Parking Sensors Leather Tint Bluefin Love it!
                              2005 Golf 2.0fsi Sportline

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                              • #30
                                Originally posted by Graybags View Post
                                Well we returned the signed stat dec and received a letter yesterday stating they are not going to proceed any further.
                                Are you now going to take action against them for their apparent criminal attempt at fraud and intimidation?
                                sigpic

                                2008 Blue Graphite GTI DSG with Latte leather. SOLD 4/9/2024

                                2023 T-ROC R - Sunroof, Black Pack, Beats Audio

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