Private car park 'fines', could ignoring them eventually affect your credit rating

[serfty]

The subject of these "pretend" parking fines came up in a local FB page, it ended up getting over 50 replies.
What I'm curious about is if they somehow find out your personal details and you still don't pay, can they then be spiteful and report you as not paying a debt and then have it put on your credit record..
...

It's an empty threat.

The only organisations who can advise credit rating agencies are those who actually provide finance or loans i.e. Banks, Finance companies etc.. Parking companies or private individuals just cannot do this.

 

[Happy Dude]

It's an empty threat.

The only organisations who can advise credit rating agencies are those who actually provide finance or loans i.e. Banks, Finance companies etc.. Parking companies or private individuals just cannot do this.

Via the courts they can. Defaulting on a debt that results in a court judgement against you, will affect your credit rating.

Whether they'll take you to court for such an amount is another matter though. As you say, empty threats.....

 

[serfty]

Via the courts they can. Defaulting on a debt that results in a court judgement against you, will affect your credit rating.

Sure ... and they are unlikely to take one to court for $15 or at most $20 in actual loss.

Recently one of the companies lost a case as they could not properly quantify the "damage".

 

[serfty]

Vico v Car Park Pty Ltd (Civil Claims) [2014] VCAT 565 (2 May 2014)

 

[eastwest101]

There was an extremely long and extensive thread about this on Whirlpool, with some very protracted court battles, but the laws may have changed since then.

Found this:

"It is just a stupid rumour. The only organisations who can advise credit rating agencies are those who actually provide finance or loans i.e. Banks, Credit Unions, Finance companies etc etc .. Private individuals or parking companies just cannot do this."

Is this correct?

 

[burmans]

It's an empty threat.

The only organisations who can advise credit rating agencies are those who actually provide finance or loans i.e. Banks, Finance companies etc.. Parking companies or private individuals just cannot do this.

Definitions of credit providers in the Privacy Act is slightly broader than that

Other credit providers

organisation or small business operator (the supplier ) carries on a business or undertaking in the course of which the supplier provides credit in connection with the sale of goods, or the supply of services, by the supplier; and

amount of credit is deferred for at least 7 days; and

So even organisations like Harvey Normans can be categorised as a credit provider if they offer deferred payments. But agree not parking companies.

 

[coriander]

Sean Hardy is a traffic law barrister: his blog, now almost 10 years old is still relevant.

Victorian Traffic Law Forum - Information

Summary: throw away any correspondence, do not respond to them, do not admit anything.
He also says "I will represent you for free, if you follow my advice" - AFAIK he's never had to do this.

At our residential complex, we had issues with people parking in our visitors' spots all day (walking to tram and commuting to the city for work). We went from unenforceable signs to an arrangement with our local Council to take over policing the visitor car park. The building manager calls the Council if there's an unknown car there for any length of time (and with CCTV he can see if the parker enters the building - ie a bona fide visitor or walks off down the road in which case he calls the Council). Problem no longer exists plus generally residentrs will tell Manager if they have someone visiting for a few days. Council fines are valid and enforceable through the courts, private operators seeking liquidated damages have no way of enforcing their demands if they don't know who driver is or can't prove who the driver is.

 

[coriander]

It is my understanding that this right varies from State to State.

Sean Hardy on the situation in Victoria - Victorian Traffic Law Forum - Information
Private car parks are NOT on that list.