Why should I pay for parking?
When you enter our car parks, the signage clearly displays the terms and conditions of entry. In effect, when you enter a managed car park you agree to abide by those terms and conditions.
In a decision in the Supreme Court of New South Wales in 2009, the court determined that
“…by driving into the car park and leaving a vehicle parked in it, a person would be regarded as having accepted the terms of the offer. Accordingly, on every occasion that a servant or agent of the first defendant drove a vehicle into the car park and left it there, a contract arose between the plaintiff and the first defendant. The terms of that contract were those set out on the signs.*”
*Proceedings number 1405  NSW Supreme Court
What if I don’t pay?
Failure to pay will result in your debt being formally referred to a debt collection agency. If payment is still not made, our agent may, under certain circumstances, initiate legal action to recover this debt. Therefore, it is critically important that you make payment as soon as possible or if you believe you have genuine grounds for appeal then you should notify ANCP of this immediately in writing.
Why does this process take so long?
A process beyond our control is that of applying to the appropriate road traffic management authority (eg. NSW Roads and Traffic Authority) for the registration details of car owners who have breached the Contractual Terms and Conditions of parking at an ANCP managed site.
Unfortunately this means it can take some time to issue a Payment Notice reminder to these individuals.
We are continuing to work with these organisations to make improvements to this process.
How can I dispute a Payment Notice?
Go to our ‘How to contest a payment notice‘ page.
Why do I have to get a ticket for the no cost parking period?
In some car parks, the owners offer a complimentary or “no cost” period of parking. At all times, you must display a valid ticket to take advantage of “no cost” parking. This enables our staff to monitor and manage no cost parking periods while still ensuring space turnover for the benefit of all customers.
We need to know the time the vehicle commenced parking within the free period in order to regulate car space usage.
This system discourages those who don’t pay or take advantage of the facility for unrelated activity, eg. people parking all day to commute to work or other purposes which are detrimental to ensuring regular turnover for patrons and clients.
Why do you issue Payment Notices?
ANCP car parks are patrolled by trained parking patrol staff who check and ensure a fair and proper use of the facility which includes ensuring disabled bays are not abused. The Contractual Terms and Conditions of parking are clearly detailed on signage.
Payment Notices are generally issued in most cases for the following breaches:
- A valid or current ticket is not clearly displayed on the dashboard of a vehicle.
- A vehicle parked in a designated disabled bay that is not displaying a current authorised disabled permit.
- Parking in a loading zone for an excessive period of time or not engaged in setting down or loading goods.
Are these Payment Notices fines?
Payment notices are not fines. They are a payment of “liquidated damages” for breach of contract– in effect, a fee imposed on those who don’t comply with the conditions of entry and which includes costs such as administration and services.
ANCP is legally entitled to issue payment notices to people who fail to meet the Contractual Terms and Conditions of parking.
Recent legal cases have made it clear that where signage is clearly displayed and a person enters the car park it is reasonable to assume they have accepted the conditions of entry.
As with all car parking facilities throughout Australia, if a person chooses not to accept the terms & conditions of parking and use of any car park facility, they should immediately leave the car park and not use it.
How do you find out my details to follow-up on unpaid Payment Notices?
Car park operators are legally entitled to pursue Payment Notices against people who fail to meet the Contractual Terms and Conditions of parking in managed car parks.
When a failure to comply is detected, a Payment Notice is issued. Should no contact be received by the recipient and the Payment Notice remains unpaid we are able to seek information about the registered owner of a vehicle from the appropriate State Authority (eg. NSW Roads and Traffic Authority, VicRoads).
The right of car park operators to seek this information has been tested in court and the right of car park operators to pursue liquidated damages where patrons have not complied with the Contractual Terms and Conditions of parking has been established.