Section 3 – Next steps and questions
I will now go through a list of likely next steps and answer questions you may have. If you have any other questions, feel free to email me. As a member here you will see answers to these.
I have received a letter back from Care Park declining my offer, what now? This is most likely. From here you do not need to do anything. You have protected yourself from court and legal costs and you do not need to have any further communication with them. Make sure you keep a copy of the letter you sent them.
I have received a counter offer from Care Park, what now? Same as above. You do not need to accept their offer (and I recommend you don’t), you have protected yourself and there is nothing more to do.
I have received a letter back from Care Park accepting my offer? Unless you made your offer too high (e.g. more than about 50% of what they are demanding), this is extremely unlikely. Please let me know if this happens! You could write back (don’t forget the “without prejudice…”) and say you made a calculation error and offer them something significantly less. Alternatively, you could just pay it, however make sure that they are offering a “full and final settlement” for the outstanding amount.
Care Park have requested that I fill in a Statutory Declaration (“Stat Dec”) to say who was the driver at the time. What do I do?
They have requested that I do not park in their car parks until this matter is resolved, do I have to obey this?
I have received a threatening letter demanding payment saying that if I fail to pay I will be liable for increased costs. Should I be worried by this?
I have received a threatening letter from a debt collection agency, Crown Collections, is this of concern?
I have received a threatening letter from their lawyers, Parke Lawyers Pty Ltd, is this of concern?
I have been threatened with being reported to the police for trespassing. What now?
I have been ordered by the police to do or not do something, should I comply?
I have received a “Prohibition Notice” that looks like it comes from the Police, is this of concern?
They have threatened that they will Wheel Clamp my vehicle if I park again in Care Park and will have to pay up before they release it. Any concern?
I have been wheel clamped or towed away, what do I do now?
So if this works, why isn’t everyone doing this? Good question. Everyone who has any legal understanding will probably already be doing this. However for most people the law (particularly commercial law) is a complicated and expensive process and they would rather stay well clear of it. Without the specific instructions in this website most people would rather just give in and pay up. This is what Care Park are relying on.
So why are you releasing this information? I am a strong believer in individual rights, particularly when they are being trampled on by what I believe is a rogue company such as Care Park. I believe it is everyone’s responsibility to know their rights and stand up to what I believe are corporate bullies.
Are you suggesting I park in Care Park’s operated car parks without paying? No I am not. This website is about what to do if you get a payment notice. I do not recommend you deliberately enter a car park intending not to pay.
Surely Care Park are entitled to make money, just like everyone else. Yes they are entitled to offer a service (car parking) and make money by doing so. However they are not entitled to make money from people’s mistakes or errors in paying their car park fees (over and above the reasonable extra costs for managing this). I expect that they make far more money from collecting these payment notices, than they do from collecting parking fees. The payment notice, in my opinion is extortion (threatening a person unless they pay up). Care Park have publicly claimed that they are just want to make sure that everyone “does the right thing” and pays their parking fees. However I believe this is just corporate spin and does not match their real business model.
I believe Care Park’s intention is to do everything they can to get you to pay up without taking you to court. It is psychological warfare. If you receive a letter that sounds like it’s the end of the world if you don’t comply, don’t believe it, they do not have a legal leg to stand on. You can get your own legal advice to confirm this, but that costs money (and again is part of Care Park’s hope that you will just pay the demand).