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Fight Ripoff Parking Tickets - 2023 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 9 January 2023

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.
MoneyHub Founder
Christopher Walsh
Next Steps:
  • 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
  • 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.
  1. 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.
  2. 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.

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 government

If 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 behaviour

Parking 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.

Never pay a parking fine straight away

Paying 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.

Parking companies generally have a spray-gun approach to issuing infringement notices

The 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 writing

If 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:
  • Revoking access is free to do, takes less than five minutes; you'll need your vehicle registration plate number and a proof of ID.
  • Click on the NZTA's Personal Information link
  • Once you opt out, you are still liable to parking infringements, but the operator will need to prove you've failed to comply with its parking rules. This includes taking as many photos as necessary to prove the breach, including the number plate, a view of the entire dashboard,  the vehicle's position including a detailed view of the background and any other relevant details such as chalk markings and signage.
  • If you see a notice of an infringement on your vehicle, you are entitled under the Code of Parking for Enforcement on Private Land to ask for photo evidence.
  • If there isn't any such photo evidence, any infringement is unenforceable and must be waived.
  • If there is photo evidence, it's possible some of the photos show empty parks surrounding your vehicle. If this is the case, the car parking company's claim that the extra time in the car park caused a financial loss is even weaker.
  • Opting out doesn't give you the right to be inconsiderate and never pay for parking; if you are in the wrong, the best option is to pay for the time you overstayed. 

Councils and government body parking fines are a fraction of what private companies charge

If 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.​

Debt collection is a threat, and often used

The 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
  • Our guide to credit scores and reporting is clear - parking tickets, generally, do not appear on your credit history. However, if Baycorp or another legitimate debt collection company contacts you, the debt is different. We suggest contacting Baycorp (or whatever debt collector it is) to tell them the debt is in dispute, and get confirmation of your notification in writing.
  • If you do find your credit history affected by a parking ticket, we suggest contacting the credit scoring company and informing them that the debt is in dispute, and for it to be removed from your records. 

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
  1. 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.
  2. 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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