Fight Ripoff Parking Tickets - 2025 Edition for All New Zealand Drivers
We hear from many New Zealanders furious about parking 'infringement notices' issued in private car parks. This guide helps you know your rights and obligations.
Updated 8 January 2025
Read this first - MoneyHub Founder Christopher Walsh shares his views on parking infringements:"MoneyHub has received hundreds of emails from drivers in all corners of New Zealand since first publishing this guide in 2018. We have seen it all - from comical situations to downright bad luck. Thousands of New Zealanders have downloaded our resources below with varying success. Generally, those with a history of parking infringements fail, while some cases have seen the breach notices waived.
It is clear that as soon as you enter a private car park, you are under the rules of the company operating it. However, sometimes it's not obvious you've entered a private area as there won't be a barrier to pass etc. Recent legal developments, specifically the Supreme Court case of 127 Hobson Street Ltd v Honey Bees Preschool Ltd [2020] ('Honey Bees'), suggest companies have more legal power to enforce these rules when it comes to financial losses. However, despite this judgement being made around three years ago, we continue to receive emails from drivers who have had success with our templates. However, the experience is not pleasant, and 'successful' cases still cost time, money, and stress. While $65 is a lot of money, it's also a sum that makes you learn not to fall victim (or be less careful) in the future and not end up in the 'lair' of a parking company. You may want to pay it and move on with your life. If it happened to a member of my family, I would tell them to pay it and learn from it (assuming the breach notice wasn't issued incorrectly). I've seen too much fighting from other cases and don't want them to suffer. Our guide below is for your reference. If you want to challenge it, proceed with caution - it may cost you more than the original breach notice. If you are prepared to fight back at your own risk, we have published resources to help. However, we have not updated them for the Honey Bees Supreme Court case. This is because the case law has been interpreted by law firms (Minter Ellison, Taylor Shaw, McElroys and others) for its applicability to various industries. The ramifications of the case for car parking have not specifically been discussed in any formal publication. If and when it is, we will update this guide accordingly". Our guidance continues to help people - we received this just before Christmas 2023: "Hi MoneyHub - I wanted to express my gratitude for the valuable resources provided on your website. Recently, I faced a $65 penalty for overstaying by 20 minutes in a private parking lot. Fortunately, I came across the dispute template and guidelines on your site. I used them to challenge the fine, and to my relief, they agreed to waive the ticket. I'm truly thankful for your helpful advice". |
MoneyHub Founder
Christopher Walsh |
Next Steps:
Before proceeding, please keep in mind that government guidance confirms "Landowners, tenants, and their employees, have the right to take action, like ticketing a vehicle when your parking goes against the terms you agreed to by using a facility with signs clearly stating what is included in the service, e.g. time limits, fees, and the action to be taken if you break the agreement".
- If you want to 'solve' the issue, the next step is to pay the amount owing (unless it was issued incorrectly etc.).
- If you wish to fight the parking infringement notice, this is our historical information with templates and facts. Readers report varying degrees of success, so you'll proceed at your own risk.
Before proceeding, please keep in mind that government guidance confirms "Landowners, tenants, and their employees, have the right to take action, like ticketing a vehicle when your parking goes against the terms you agreed to by using a facility with signs clearly stating what is included in the service, e.g. time limits, fees, and the action to be taken if you break the agreement".
Summary
The Power of Language
Your Step-by-Step Guide to Challenging Private Parking Tickets
- It's a moment that ruins your day. You get back to your vehicle and see a parking ticket, and anxiously look closer at it only to see an outrageous amount. Adding to the frustration, you see the amount due is marked as "urgent".
- We regularly hear from infuriated drivers all over New Zealand about ripoff private parking tickets, towing and clamping. In response, we have put together this guide to private parking tickets to empower readers to challenge the fee.
- The historical position of Consumer New Zealand is to pay what you feel is reasonable per this 2021 article - if you overstayed by an hour, they suggest telling the company you'll pay the cost of that extra hour.
- Parking companies will argue the parking ticket is to pay for the monitoring of the car park.
- Many drivers are at fault and will be better off paying and moving on due to the time and stress an appeal process creates.
- Exception: If you have entered into a pre-existing agreement with a parking company, i.e. signed a contract to lease a space for a specific number of weeks, and then failed to pay, this guide is not for you as you have breached a contract. In such circumstances, we suggest contacting the parking company, with urgency.
The Power of Language
- Parking companies want to make their customers believe that the infringement notices are serious and the word 'fine' would convey that, along with the use of serious words like fines and penalties.
- Threats of bad credit scores and debt collection are more methods of bullying vulnerable customers to pay up.
- We believe the difference between a typical parking fee (ranging from $2-$10/hour in many locations) and a $50 to $65+ penalty is a big difference, and if you do fail in your appeal, a valuable lesson.
Your Step-by-Step Guide to Challenging Private Parking Tickets
- This guide outlines your rights when it comes to getting a parking ticket and a step-by-step guide to challenging parking tickets.
- However, if you want to challenge a parking ticket issued by a council or a government organisation, for example Auckland Transport, this guide is not for you. Please visit this useful resource which may cover the reason for your parking ticket and possible opportunities to appeal.
Our guide covers:
Important: Please note, MoneyHub cannot advise on specific parking cases.
"Hi Moneyhub team,
I was recently shocked to get a parking fine in a space allocated for camping vehicles at a car park near of a supermarket. I am always careful to avoid disabled spaces and those allocated for mums with prams, but those spaces are always clearly marked with distinctive well-known symbols on the ground. This space was not marked with symbols on the ground, only with a small placard on a post several car spaces away which was not visible from where we parked.
I thought it was a bit rich to claim that I had entered into a contract by driving onto the site, so I came to your website, read your background material and advice on the subject, and challenged the fine. When I first contacted the company through their appeals portal, I was told the fine would stand. However, I challenged it with more detail a second time and received a notice yesterday that the fine was to be waived.
I thought you would like to know that your guidance (on the website) was appreciated and resulted in two good outcomes:
1) As your guide says, you don't want people ignoring reasonable rules on parking designed to impose order in private parking. I will be more aware and considerate of special car spaces in private car parks in the future, but also,
2) I avoided what I still believe was an unfair fine.
Below is a summary of my appeal, including the points you suggested and some of my own observations, which I believe are valid concerns regarding this issue of private parking arrangements. Perhaps they will help others who come to you for help.
Thank you again for providing all the valuable information on your website. It was very encouraging, informative and helpful.
Important: Please note, MoneyHub cannot advise on specific parking cases.
- We strongly suggest you use our resources at the end of this guide, gather all evidence (photos, receipts of purchases and anything else relevant) and plead your case following the process outlined below.
- Some companies will lose patience and waive the fee if you persist - if you aren't in the wrong, being persistent gives you the best chance of winning your case.
- A MoneyHub reader shared their experience in October 2024 which provides more details about a best-situation outcome:
"Hi Moneyhub team,
I was recently shocked to get a parking fine in a space allocated for camping vehicles at a car park near of a supermarket. I am always careful to avoid disabled spaces and those allocated for mums with prams, but those spaces are always clearly marked with distinctive well-known symbols on the ground. This space was not marked with symbols on the ground, only with a small placard on a post several car spaces away which was not visible from where we parked.
I thought it was a bit rich to claim that I had entered into a contract by driving onto the site, so I came to your website, read your background material and advice on the subject, and challenged the fine. When I first contacted the company through their appeals portal, I was told the fine would stand. However, I challenged it with more detail a second time and received a notice yesterday that the fine was to be waived.
I thought you would like to know that your guidance (on the website) was appreciated and resulted in two good outcomes:
1) As your guide says, you don't want people ignoring reasonable rules on parking designed to impose order in private parking. I will be more aware and considerate of special car spaces in private car parks in the future, but also,
2) I avoided what I still believe was an unfair fine.
Below is a summary of my appeal, including the points you suggested and some of my own observations, which I believe are valid concerns regarding this issue of private parking arrangements. Perhaps they will help others who come to you for help.
- There is insufficient space (limit of 180 characters) on the appeal portal to submit a substantive appeal, so, through the appeal portal, I asked the company to email me so I could make a proper appeal. They wrote back and said my appeal (which I had not yet lodged) was denied and I was required to pay the fine. However, I now had an email address for the company, so I ignored their advice and submitted my appeal by return email.
- The time frame to appeal is very short, at 14 days.
- I conclude that the appeal portal was deliberately designed with very limited space, making it difficult to present a compelling appeal. Limited space and short time to appeal both represent a failure of procedural fairness.
- I did not notice a sign at the entrance to the car park advising that a) parking rules were in place, b) that they were not just suggestions, but requirements that were vigorously policed and c) that significant penalties could be imposed for violations of these rules.
- I think those ideas should be clearly communicated if the company wants to claim that I accepted those terms and entered into a contract when I drove into the carpark. In fact, the photos below show the sign that I presume contains the terms on which entry to the car park is predicated. It is not accessible on foot as it is in an overgrown garden and is not legible from a distance nor from a moving car. There is nowhere to park temporarily or stand to read the terms, even if you realise the purpose of the sign.
- I argued the fine exceeded any "actual and reasonable costs incurred" or loss suffered since there were many unoccupied spaces at the time of the alleged unauthorised parking.
- My past familiarity with parking on private land is that if strict rules are in place, parking is controlled by a boom gate with explicit instructions and warnings of penalties at the control point. Such controls, instructions, and warnings were not in evidence at this car park.
- Therefore, I concluded that I did not knowingly accept the company's terms, enter into any contract relative to parking my car on the site, nor accept the possibility of penalties.
Thank you again for providing all the valuable information on your website. It was very encouraging, informative and helpful.
Parking Ticket and Infringement Notices Must-Know Facts
We've listed some must-know facts below to help you better understand parking tickets and how you can challenge them.
Anyone can issue parking tickets; know the difference between private and governmentIf your ticket was issued by the government (Auckland Transport, Wellington City Council, etc), this is a local authority traffic ticket which can cover a broad range of traffic offences. You'll need to contact the ticket issuer to either pay the money owed or challenge the reason for the ticket - this guide is not for you.
If you have parked in a private car park and received a ticket, you will see it is issued by an institution other than the government (for example Vehicle Enforcement Services). Our guide gives you the power to challenge such tickets and fight back with confidence. |
Our guide fights against unfair parking tickets; it's not to get you off inconsiderate behaviourParking laws are designed to keep the roads safe; parking over a zebra crossing, clearway or driveway and blocking traffic flows is a danger and nuisance. This guide is about keeping money in your wallet when a private parking enforcement company hits you with a hefty ticket where it's not so clear it's your fault, or they are in the wrong.
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Never pay a parking fine straight awayPaying a parking ticket right away is a big no-no - you are admitting liability and if you later want to appeal, the company has no incentive to listen to you. Once it has your money, it loses interest in you and getting back anything is near-impossible. That said, not paying it is going to lead to problems that are easily avoided.
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Parking companies generally have a spray-gun approach to issuing infringement noticesThe general public knows little about the laws which govern parking companies, and this works in favour of anyone who operates a car park. There are extensive reports in the media involving parking companies issuing "accidental" tickets by mistake as well as infringement notices for vehicles in areas outside of their control. Parking companies know that most recipients don't want the hassle of a fight, inconvenience and the risk of a bigger penalty, and opt to pay the money demanded to solve a problem.
As it stands, parking companies have all the cards - little or no competition, general misinformation about the enforceability of their tickets, and thousands of potential revenue-generating cars entering their premises every week. |
Revoke authorisation to access to your personal details so that car parking companies can't threaten you in writingIf you want to stop a car parking company from sending an infringement notice to your home, you can revoke access to your personal details with the help of the New Zealand Transport Authority. This prohibits third-party companies like Wilson Parking, Care Park and similar operators from accessing your vehicle's owner details. To make things clear, if you've revoked access, the car parking company cannot find out your address to chase you for payment.
What to know:
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Councils and government body parking fines are a fraction of what private companies chargeIf a council can charge a 'reasonable' $10 to $15 for "overstaying" at a paid car park (or $40 for not paying at all), then clearly a $65 infringement for private parking where you have already paid for parking can be seen as unreasonable. If a private company claims they need the $65 infringements to "cover their costs", then this would suggest their business model is not profitable. Financial statements filed with the Companies Office showed one notable car park operator posted a $12.5m after-tax profit in the year ended 30 June 2018.
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Debt collection is a threat, and often usedThe best approach is to send our template letter to the parking company. The worst thing to do is to do nothing. This puts you at the mercy of the parking company's tactics, which can get awfully scary, very quickly.
Often debt collectors contact those with parking infringement notices very quickly. Fees may be added. This creates a lot of stress, and while your breach is in dispute, the experience for most people is unpleasant. Debt Collection agencies
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Template Letters (Proceed at Your Own Risk)
If you are prepared to fight back at your own risk, we have published resources to help. However, we have not updated them for the Honey Bees Supreme Court case. This is because the case law has been interpreted by law firms (Minter Ellison, Taylor Shaw, McElroys and others) for its applicability to various industries. The ramifications of the case for car parking have not specifically been discussed in any formal publication. If and when it is, we will update this guide accordingly.
Before proceeding, please keep in mind that government guidance confirms "Landowners, tenants, and their employees, have the right to take action, like ticketing a vehicle when your parking goes against the terms you agreed to by using a facility with signs clearly stating what is included in the service, e.g. time limits, fees, and the action to be taken if you break the agreement".
Our (historical) templates - use at your own risk:
Important: Please note, MoneyHub cannot advise on specific parking cases
Before proceeding, please keep in mind that government guidance confirms "Landowners, tenants, and their employees, have the right to take action, like ticketing a vehicle when your parking goes against the terms you agreed to by using a facility with signs clearly stating what is included in the service, e.g. time limits, fees, and the action to be taken if you break the agreement".
Our (historical) templates - use at your own risk:
- Parked in a free parking area, like a shopping mall or supermarket? Download our template letter
- Parked in a privately operated paid parking spot? Download our template letter
- Have your appeals all been rejected? One option is to head to the Disputes Tribunal. Download our template letter
Important: Please note, MoneyHub cannot advise on specific parking cases
- We strongly suggest you use our resources, gather all evidence (photos, receipts of purchases and anything else relevant) and plead your case following the process outlined below.
- Many companies will lose patience and waive the fee if you persist - if you aren't in the wrong, being persistent gives you the best chance of winning your case.
Towing and Clamping
- The Land Transport Act sets out to protect the public from wheel clampers charging excessive fees. The maximum fee that can be charged is $100 per this government guidance.
- Our team continues to be perplexed as to why towing doesn't have a maximum fee.
- Towing is a highly emotional experience for any vehicle owner, and it's something we receive a lot of complaints about.
Government guidance confirms that a person who pays for their vehicle to be released from a clamp or towing facility has the right to seek a part or full refund, or in some cases, compensation, when:
- You were misled by signage.
- The ticketing, clamping or towing was unjustified or unauthorised.
- Enforcement fees are unreasonable.
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