Public Defender: Should a car park fine stand if the ticket machine was faulty?

A WOMAN is fined in a carpark despite the ticket machine being faulty. What should she do? Brydens explains and answers your questions live.

FROM 1pm to 2pm today leading law firm Brydens will answer your legal queries.

Below, Brydens addresses a Public Defender reader’s question about the nature of fines from private operators.

But you don’t have to ask about fines.

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DOMINIQUE ASKS: I got a fine from Australian National Car Parks. I walked over to the machine and pressed for a ticket, tried several times and the machine did not supply me with a ticket. ANCP won’t withdraw the fine. What can I do?

BRYDENS ANSWERS: Operators of private car parks do not have power to issue fines — only a council or police do. Using a private car park creates a contract between the user and the operator. The terms of that contract are usually stipulated on a sign as one enters the car park. If there is a breach the operator is entitled to recover damages for that breach. There is also an obligation on the operator to comply with the terms of the contract which would, by implication, include the provision of a facility to recover a ticket upon entering of the car park. The fact that no ticket facility was functioning at the time would not, in our view, disentitle the car park operator from at least recovering the cost of the car parking fee as opposed to the fine which was levied. We would recommend that a letter be sent to the operator offering to pay the car parking fee and no more. If a satisfactory response is not received then a complaint can be lodged with the NSW Civil and Administrative Tribunal. If the operator commences formal court proceedings you should immediately contact a solicitor for advice and to defend the claim.

THIS legal information is general in nature and should not be regarded as specific legal advice by Brydens Lawyers or being relied upon. Persons requiring particular legal advice should consult a solicitor.