Hi all,
I will try and keep this brief…Care Park threatening to issue demand notices on residents who do not display a car park pass while parking on their car park – a car park that is owned by and is part of the title to their apartment.
I own an apartment in Melbourne. There has been some trouble of people parking in residence car parks illegally. (Without the property owners permission). The first step taken by the Owners Corporation was to install a second boom gate – it is installed just after the main car park gate and only goes up for about 30 seconds after the main gate is closed. This reduced the issue of illegal parking on private car parks to about 1 person parking in every 6 months or so. (Well that is how often I find someone parking in my car park. After the failure of the second boom gate – there was the selling of personal car space locks – a remote bar that comes up in the middle of the car spot. If knocked or pushed down it sets off an alarm.
Now the and the Owners Corporation (Body Corporate) has engaged a company called Care Park Care Park. It is one of these private car park operators who issue “demand for payment of liquidated damages for breach of contract”. This is based you have agreed to their terms and conditions when entering into the car park. Their business is regally investigated by groups like the ACC and are often in the news for all the wrong reasons. Here are some articles around the company.
The Age – Crackdown on car parking 'bullies'
The Age – Illegal car park fined customers
Heraldsun – Blow for car park fines bid
The Advocate – Parking fines under reviewI first found about Care Park when I went to the car park lift and found a sign threatening to issue demand notices for my car been parked on my property – later my partner handed me an open letter that was stuffed under my door. I have attached the letter (With some censoring around my location) and the signs in the apartment lifts and car park (Around the lift).
I contacted my solicitor and he suggested strongly that I should not complete the attached from as that was entering into a contract with Care Park and that the signs posted in the car park does not constitute a contact. (Something I should avoid doing).
I was also advised to contact my Owners Corporation via a letter requesting them to identify how they or the car park management company (Care Park) have the right to issue demand notices.
Some important things: The car parking space in question is part of my strata title (Aka I own the car park) and the notices I have read are threatening to issue demand notices for parking my car on my property.
Here are some more information on Care Park – it appears they are known to both Consumer Affairs Victoria and Consumer Action Law Center – mainly from the complaints. Care Park are now meeting with Consumer Affairs Victoria on a 3 monthly bases to deal with the volume of complaints.
Note these are about people parking on commercial car parks – not personal owned residential car park as in my case. (Read parking on my car on my property).
CONSUMER ACTION CALLS ON CAR PARKS TO BE FAIR
CAV PUTS CAR PARK COMPANY ON NOTICE
CAV WITHDRAWS PUBLIC WARNING AFTER CARE PARK AMENDS PAYMENT PROCEDURESMiss Crofti,
why would the owners corporation enlist the services of Care Park? I don't see any legitimate reason why individual car park owners would want to commit themselves to such a regime. I agree with your solicitor. Care Park is bad. Your owners' corporation is either stupid or negligent for engaging them.
Criminal Jim – I have no idea why the Owners Corporation has enlisted the services of Care Park. I think you have hit the nail on the head – the Owners Corporation is both very stupid and grossly negligent. It is a public holiday in Victoria so will wait until tomorrow to write to the Owners Corporation. I think it will take 2 to 3 weeks for the Owners Corporation to get back to me.
Someone posted this post in the lifts and the residents are not impressed with the Owners Corporation. Let’s just say every one is talking the engagement of Care Park in a negative light – and been a public holiday – There is no one from the Owners Corporation around to remove the notices.
About Care Park – they are just evil!!!! Do not want to have them anywhere near my property – it will only end in tears on both sides. Remember if Care Park loose one court battle they loose their entire business model (Well if it gets into the public eye that is).
Hi All,
I have deleted the original PDF with the open letter, Terms and Conditions Care Park is trying to force onto the residents, the form for requesting a Care park pass sticker and the signs from in and around the apartment. However I have put it up again – this time at the below address.With the advice of my solicitor I have written a template for my fellow residents to use. You are welcome to use the below PDF. Feel free to copy all or part of the PDF in creation of your letter to the Owners Corporation
Re: Miss Croft 81's letter
I know exactly what this writer is on about & cannot see what the problem is. All residents have to fill in an application for a parking permit for their cars parked in the car park of a residential apartment block in the city. IF you are a bona fide resident, there should be no problems in getting a permit which you stick on your windscreen, just like your rego.
I have had someone park in my spot occasionally & it is frustrating to come home after a day's work to find someone in your car spot. There are some cars illegally parked in the car park & this is one of the methods of deterring a NON-RESIDENT parking in the allocated Car park.
Some occupants in the building are letting in their friends' cars in, using their swipe cards to let them in. This is a method to cut this nonsense out. Some occupants are also sub-letting their car space to outsiders (illegal), as the Govt's Congestion Tax comes into play here.
If you really are a resident, with an allocated car park- get a valid permit, STICK it on your car windscreen, and you won't come to any grief. Stop complaining!!From what I understand, there has been an issue that many people of complained about to the body corp. They have tried one method that has failed to keep people out so they are now going to hit up people doing the wrong thing with a fine.
I'm not allowed to park in a no standing spot, if I do i get fined. This company is contracted to fine people who aren't parking correctly. They need to use some sort of system to determine if a car is located in its allocated bay, hence the parking permit. This to me seams the simpliest way to help fix the problem.
The investigations into this company ( I assume) relate more to how they collect money from people who have been issued fines. If you park in you carbay displaying your parking permit you wont have to deal with how they go about collecting outstanding fines.
Many companies, organisations, councils and education facilities have used parking permits for many years. With peoples attitudes changing more nowadays to not caring about others and just parking where ever it suits them, more and more people are finding their residential parking bays getting used illegally. More people in the future will need a parking permit to park in their own car bays
I spoke to Consumer Affairs Victoria today and they are very interested in talking to anyone who has had dealings with Care Park as they are currently under investigation. Consumer Affairs Victoria are currently investigating their business practices.
Do you really think Care Park will play fair when the only way the raise revenue is by demanding payments “Infringement notices”?Have a read of others experiences of Care Park and their business practice.
Right on Gibbo 1.
If you park correctly in your allocated spot, then you shouldn't have to worry about fines IF you display a valid parking permit- I don't see what the fuss is all about.
It only applies to those selfish, illegal car park users who take up other people's spot. They are probably the ones complaining the most & those occupants who illegally rent out their car space to outsiders.
Only yesterday I got a note in my letter box from someone offering to rent out their car space- we need to put a stop to this!!Hi Miss Croft
While I think that Mr Robert is probably an employee of Care Park, I have to agree with what he is saying. Yes, you shouldn't have to sign an agreement to park in your own car park, but how would you feel if you came home every day and found someone else parked in your park and you couldn't find another park and had to leave your car outside? It seems to me that this regime has been put in to place by the Body Corp to protect the right of unit owners to park in their own spaces. So Care Park make money out of it. So what?
Are you really prepared to take them to court over this? It will cost you tens of thousands with no guarantee that you will win. I used to be a lawyer (I am now a full-time property developer) and from a cost/benefit point of view, taking on Care Park doesn't seem to be worth the effort. It's not as if you are fighting for your civil rights or for anything really worthwhile. You will just be making a point – and a very expensive point at that.
If you really do want to take on Care Park, make sure that you have other unit owners behind you. And not just people who see you in the elevator and agree with you. Find out first whether they are prepared to cough up for legal costs in taking them on. I am certain that you will soon find out that you are on your own. Most people are happy to complain but will not put their money where there mouth is. I can tell you for certain that it will be very difficult for you to win a court case if you are the only one complaining.
My advice? Finish venting, get it out of your system and just sign the bloody agreement. Get a parking permit, put it on your car and get on with your life.
Cheers
K
Mr Robert AKA Care Park Employee,
How will Care Park stop people from outside renting car parks?
Linar – Lets just say Care Park has a LOT more to loose if taken to court – they have their entire business. They are making unenforceable demands for liquidity for damages for a breach of contract. A contact that DOES NOT exist (A sign is NOT a contract as there is no agreement on both sides).
Miss Croft
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