Westhaven Alert

[twisty 176]

I have just got back from westhaven, ironically I was working for the marina. My car was parked on the loading zone (work car, private car has the sticker) for about 45 minutes. Upon returning I have a parking ticket for $65 from wilson parking. I went around to the boat ramp to help my mate put his boat back on the trailer. Lo and behold, he has a ticket too. He was 18 minutes over his time. Wilson's want $65 from him too. I am somewhat annoyed by the heavy handed approach from westhaven. I figure there is little point in talking to them as they will use their standard argument :"we have contracted wilson parking, talk to them"

The reason I am posting this is twofold.

Firstly to warn everyone about the parking nazi's

And secondly to point out that you are not legally obliged to pay the fine.

Please read the link below. Only the Government or councils have the right to fine us plebs.

Wilson's can only charge us for their loss from me parking there. As the loading zone was nowhere full (also the boat ramp park) there is no loss suffered by anyone, therefore no fine.

Westhaven may have had a bit of an argument if it was over the weekend but friday morning with an empty carpark ?

 

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11395512

[Clipper 343]

So will you pay?

[twisty 176]

No

[The big T 41]

Go for it. And as I have pointed out before, they must send you a second notice ( they cannot be sure you received the first as it might have blown away). Then you have the right to ask for it to go to court - and this applies to Govt and local Govt bodies. Wilson's I suspect operate under bluff and bluster. They normally can lock you in in a carpark situation - something that does not apply here.Then if you chicken out, pay the day day before the court case or turn up and argue. Could be a year away.

[rmiker 15]

I think you Must reply to them and state that you "Dispute" the fee..

[erice 732]

your honor

 

leopard seal ate my ticket

 

 

actually my dog ate it first

 

but then the leopard seal ate my dog

[rmiker 15]

Go for it. And as I have pointed out before, they must send you a second notice ( they cannot be sure you received the first as it might have blown away). Then you have the right to ask for it to go to court - and this applies to Govt and local Govt bodies. Wilson's I suspect operate under bluff and bluster. They normally can lock you in in a carpark situation - something that does not apply here.Then if you chicken out, pay the day day before the court case or turn up and argue. Could be a year away.

If you don't offer a dispute to the original fee (and I call it fee because as above I do not believe it to be a fine) and return to a wilson's parking area they will clamp you or detain you in some way! I would be wary of just doing nothing.. You must dispute it: then they must justify is my understanding.

[madyottie 82]

Here's a thought,

 

As you were working for the marina, forward them the ticket. Or charge it back as unforeseen expenses.

 

Alternatively ignore it for a while and if, as suggested above, they clamp you, invoice them for your wasted time and send it to small claims when they refuse to pay. 

 

Neither option would probably actually help, but you could get some satisfaction from it.

 

I like annoying the h@ll out of companies like that!

[Povnation 3]

Unpopular alternative...Pay the $65 never think about them again. is it really worth going through the stress all for $65... I understand the princable behind not paying it but at the end of the the day they will always win. Where is the value in wasting your time and getting stressed out.

 

And even if they don't win you have to pay $40 for disputes tribunal so it's only $25 and your pride. But you don't really have any pride, you broke the rules knowing the consaquence.

 

Not keen to get into a internet argument about it all but just thought I would say my bit.

[Zozza 293]

I'm with Povnation..

It 'aint worth the stress mate for $65.

Here's what they'll do, they will stick you on one of those Debt recovery lists, like Baycorp, and then you're stuffed if you ever want to borrow money again from any financial institution until you pay up.

And not wanting to get into an internet argument either, you were parked somewhere where you should not have parked.  Why did you not go to the marina office and get a permit so you could park in one of their spaces while you did the work for them?

I am not saying you should not confront the parking outfit in some manner (keep calm and don't whack the snotty little sh*t with clipboard behind the counter) to see if they will budge at all on the ticket.

But to get your name onto a debting agency's list, or have bailiffs visit you ;aint worth it.

But mine is but an opinion, and they are like noses, so it's up to you.

[Black Panther 1,581]

it won't stop you borrowing in the future.

 

Meanwhile, I spent two nights at GH on return, just to clean up and empty some stuff off the boat. I was booked till (midday?) Fri. ) 0800 Fri morning I got a call saying come in and pay the bill. In the past they emailed an account and I paid it, always. Made me wonder if GH marina is having cash flow problems.

[Zozza 293]

it won't stop you borrowing in the future.

 

Until you pay the outstanding debt, it will.

[Black Panther 1,581]

Nope. I have worked with a major lender, they will look at it, ask what happened , then ignore it.

[Zozza 293]

Nope. I have worked with a major lender, they will look at it, ask what happened , then ignore it.

 

Ditto, and they won't ignore it. 

[twisty 176]

I have disputed it. I got a standard form email back saying tough sh*t, pay up. I hate to think what the world would be like if we all took the stance of "pay up I can't be bothered". There are a lot of business's out there that rely on human laziness.

As far as it being on my "record" I Know it doesn't matter. I applied for a mortgage about 6 months ago. The lady at Kiwibank said, "oh by the way you have a couple of unpaid tickets, but don't worry , we ignore them."

It all comes back to reasonableness. What is a reasonable loss that westhaven has suffered? I can only be charged for a reasonable loss. $ 65 for overstaying on an empty loading zone by half an hour is not a reasonable loss. Same basis as why they cannot clamp my car. It is beyond reasonable. I won't be paying it and I will not be losing any sleep over it.

[John B 106]

I wonder why the two Aston Martins blocking the loading zone at E pier all saturday and all sunday (all night too for aIl know)didn't get ticketed.

I wonder why the Porsche parked in the disabled carpark outside the squadron on saturday , and the merc on sunday , didn't get ticketed.

[twisty 176]

Such cynicism in one so young Johnny

[MarkMT 68]

I thought I remembered a recent news story about something similar... it was this one, from Perth - http://www.watoday.com.au/wa-news/perth-mans-hilarious-generous-counteroffer-of-25-cents-to-parking-fine-20161025-gsag9j.html - a good chuckle, but a couple of cases closer to home also seem to indicate some grounds for pushing back on the amount being demanded -

 

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11395512

http://www.stuff.co.nz/business/81202528/Hard-to-read-signs-may-limit-legal-force-of-overstaying-parking-charges

 

And according to this article, your credit rating can't be affected by a disputed parking charge - http://www.stuff.co.nz/business/80869744/Auckland-sisters-private-parking-firms-penalty-charge-unjustifiable

 

 

[John B 106]

Put it on the bill Twisty, you won't win against the machine.

[John B 106]

Such cynicism in one so young Johnny

Parking yer Porker in a disabled spot for a few hours while you're trying to sell big boats and lambo's to sheiks is pretty much guaranteed to bring out out desires to look up words like 'proletariat' and ' where to buy pitch forks' on google.