ANCP's excitement may be shortlived

HAVING made a mockery of authorities for years, the state's most complained-about company is cockahoop after historic criminal action against it was withdrawn. But its excitement may be shortlived.

An employee of Australian National Car Parks, who would not give his name, issuing a penalty notice at Newington Marketplace....

HAVING made a mockery of authorities for years, the state's most complained-about company Australian National Car Parks is cockahoop after historic criminal action against it was withdrawn.

But ANCP's excitement could be short-lived. It may have to switch to a system akin to that used in Westfield car parks if it wants to avoid being taken back to court, where it would face a "conga line" of angry consumers.

In September, NSW Fair Trading and ANCP faced off over allegations of "undue harassment" of people who had not paid the controversial "penalty notices".

Public Defender can today reveal Fair Trading has pulled the charges after its witnesses, after cross-examination, may not have been harassed.

ANCP said it had nothing to answer for. It wouldn't answer questions. Its lawyers said the senior counsel that represented their client in Parramatta Local Court had demonstrated the "hopelessness" of Fair Trading's case.

While having to withdraw was a blow, Fair Trading is not giving up. The two sides have entered a "dispute resolution process". Head of investigations, compliance and enforcement David Byrne plans to use it to extract major operational changes.

"They are standing up beating their chest but the game is not over I can assure you," Mr Byrne told me. He may seek a change to a Westfield-style system, where tickets are dispensed upon entry.

ANCP doesn't have statutory authority to issue fines. If you receive one of its $88 penalty notices, consider writing to ANCP, asking that the fine be waived or for proof that you have "breached a contract''. You could send a cheque for $20, saying if it is cashed you will consider it to be the end of the matter.

You could lodge a claim in the NSW Civil and Administrative Tribunal, which from January subsumes the NSW Consumer, Trader and Tenancy Tribunal.

Mark Graham is one of the more than 100 people Fair Trading believes it can call on if it decides to take ANCP back to court.

Mr Graham, of Epping, parked at Newington Marketplace in July to visit the doctor. He was not a regular user of the car park and did not see the signs saying that a ticket had to be obtained from a machine and displayed - even though the first two hours' parking is free.

When he came back to his car he discovered an $88 penalty notice under the windscreen wiper. It was in a pink plastic sleeve that said "Please call 1300 728 412 if this is your first offence within 24 hours for your options". He did and was told the fine would be waived if he wrote a letter explaining the circumstances. He did. It wasn't. ANCP kept coming after him.

"They were starting to harass me," said Mr Graham, who only had the fine cancelled after Fair Trading intervened.

Yesterday I visited Newington where ANCP's inspector, who wouldn't give his name, was busy issuing fines. One was to Lynn, who rang the 1300 and said it was "useless".