‘Exploited’: Warning issued after residents sent threats over parking payments

Stories have emerged of Brisbane residents being sent threatening payment letters by private car parking companies, in what Transport Minister Mark Bailey has said could be a loophole being exploited by the firms.

The companies can access contact details of vehicle owners through registration data held by the Transport and Main Roads Department if “litigation is likely”, Bailey told reporters on Thursday.

News of the letters come as parking pressures across the city rise, echoing trends seen in Sydney and Melbourne.Credit: Heath Missen

“I have my doubts that that’s a genuine likelihood. I know that this loophole has been closed in other states ... if there is a loophole we’ll be closing it as quickly as we possibly can because I think this is something that’s being exploited.”

Examples of such letters have stretched from Woolloongabba and Coorparoo in Brisbane’s south to Albion north of the river, sent by multiple firms running parking lots for sites from McDonald’s and Coles to mixed-use apartment towers.

They come as parking pressures across the city rise, with parking spaces being rented for up to $1000 a month echoing trends seen in Sydney and Melbourne, due to what experts put down to development and lifestyle choices.

One of the letters sent to a resident this month, seen by Brisbane Times, threatens “legal fees” if fees owed for a payment notice placed on their windscreen late last year after briefly overstaying a one-hour limit were not paid immediately.

The resident, who asked not to be named, said they pulled into what they had seen labelled “customer parking” in the mixed-use apartment development before eating dinner at one of the restaurants, staying about one hour and 15 minutes.

Originally asked to pay $88, the cost jumped to $176 in the letter which followed this month from a “payment notices officer” with operator Care Park — which has not yet responded to a request for comment.

The resident did not recall seeing signs identifying the company or parking conditions.

ParkPay and Smart Compliance Management have also reportedly sent letters, some based on disputed photographic evidence, to people using car parks around the city. Both have defended their ability to ensure parking is available of genuine customers.

Parking on private land operates on a contract system between the operator and user. Terms and conditions must be visible and not mislead about details including the maximum costs, the Office of Fair Trading advises.

Operators can attempt to tackle the problem of people misusing car parks by towing vehicles under strict rules or issuing invoices demanding payment, which cannot mislead users into thinking they are “fines” issued by a government-like body.

Any such demand for payment would need to be ordered by the Queensland Civil and Administrative Tribunal, after a company proved someone had breached a car park contract. Lawyers have said such demands were unlikely to end up in court.

Still, Fair Trading advises people wishing to dispute a payment notice to contact the car park operator and explain their reasons for not paying, then seek legal advice if it is not resolved. “We don’t recommend ignoring a payment notice,” the regulator’s website states.

A spokesperson for Attorney-General Shannon Fentiman said the examples emerging had been “concerning” and warned parking companies that the government would not tolerate misleading or unfair behaviour.

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