Parking penalties have jumped 70% throughout Aotearoa – but is it fair and can you pass the buck?
Parking fines are up for the first time in 20 years and misbehaving parkers will now be facing stricter penalties across the board.
What used to be a $40 fine for not paying for parking in Wellington is now $70.
If you miscalculate how long you need the spot, those penalties are also increasing – going up to almost $100 if you really overstay your welcome.
We have all been guilty playing roulette when it comes to parking, but is the price of not paying worth the potential pay off?
Consumer NZ’s Vanessa Pratley has written about the ins and outs of parking fines, and said it was really hard to say whether the 70% increase was fair.
“Councils are free to set parking fines as they like, in the same way that they set rates.
“In the same vein, whether a 70% increase on fines is fair isn’t really a question we can answer without looking into the particular circumstances.”
Even if you get stung and think it’s unfair, it is unlikely you’ll be able to get out of it.
“You’re only likely to avoid a council parking fine if it was given erroneously,” Pratley said.
For example: “if the time was read incorrectly or the parking machines on the street weren’t properly functioning.
“If you’ve overstayed or haven’t paid when you should have, you won’t be able to get out of paying.”
She said there was always the option to appeal the fines, but how you do so, and on what grounds would change from council to council.
That being said, different rules apply to private operators like Wilson Parking.
Private parking breaches sit around the $65-$85 mark, often with additional charges if you don’t pay in time.
When you drive into these locations and park up, you automatically accept the terms and conditions of that parking lot (there should be at least one sign spelling those out).
Pratley said if you don’t pay, or you overstay, you’re in breach of the contract and liable to pay a fee, generally set out in advance.
But is a fee of $65 for a teeny bit of overstaying fair?
Pratley said no.
“The parking fee should be reasonably reflective of the actual loss suffered by the operator. Anything out of proportion to what’s reasonable is likely to be an unenforceable penalty.
“While fines can be set to deter people from breaching the contract, it’s still got to be reasonable.”
So for example, $65 for overstaying 10 minutes in a free supermarket car park – might not be considered reasonable.
‘Fair penalty’ assessment change
But in 2020 the law changed, which might alter your chances of getting off the hook.
“The law shifted from assessing whether a penalty was fair in light of the actual financial loss of the innocent party, in parking cases – the operator, to assessing whether the penalty is out of all proportion to the legitimate interests of the operator,” Pratley said.
“This changed the threshold against which fines imposed by operators are considered unreasonable or not, and therefore how the Disputes Tribunal decides cases like this.”
I.e. it has moved from how much did the supermarket lose while you were overstaying in their car park to a place that gives companies more power to enforce these rules when it comes to financial losses.
However, each adjudicator is different, and the Disputes Tribunal also does not have to follow its own precedent cases.
In short, the Tribunal is less forgiving than it used to be.
Despite all this, Pratley said it was still worth fighting a fine if it was unreasonable or erroneously given – especially if it was over $100.
But is it worth the fight?
In a recent case someone used a private car park with signage stating: “No Parking Private Property, this prompted a $95 fine.
The man disputed the fine and paid $2 of the fee instead. The Tribunal did not agree, and he was forced to pay up.
In another case, OX v QT Ltd, the Tribunal found that $95.00 was “more than sufficient” for 5 to 10 minutes parking.
If you decide to dispute the fee there is a cost of $59 to have the case heard at the tribunal if the claim is less than $2000.
Pratley said even if you win, you don’t get that fee back.
“It’s worth weighing up whether the fine is high enough to displace that filing fee.”
rnz.co.nz
