Dr Dinesh Palipana threatened with legal action after challenging Oracle Broadbeach parking fine

A renowned doctor who uses a wheelchair following a car crash has been threatened with legal action after parking in one of the Gold Coast’s most unusual streets. FULL DETAILS

A FORMER Queensland Australian of the Year has been threatened with legal action for challenging a parking fine on a private Broadbeach street.

He cannot walk and had displayed his disability parking permit on his car.

Dr Dinesh Palipana, a quadriplegic after suffering a spinal cord injury in 2010, was slugged $88 early last week after parking at Oracle Boulevard.

Wheelchair users do not have to pay for parking in council spots if they display their disability parking permit. No such exemption applies for on-street parking at the Oracle, which costs $8 for one hour or $15 for two hours. The street is owned by the Makris Group and managed by a Victorian company called Care Park.

Dr Dinesh Palipana in front of a council parking sign. Picture: Glenn Hampson.

Dr Palipana said because signage is similar he mistook the road for a normal council-controlled street.

“I got caught out,” he said. “I went back afterwards and had a closer look. When you enter the boulevard there is a sign in small writing that does say private parking, but along the boulevard there’s nothing that I could see.

“I found that some of my friends without a disability also assume that this is a council-regulated parking area because the metres and signage on the street itself have a similar appearance to the council’s equipment.”

After appealing the fine, Dr Palipana said he was rebuffed and threatened with legal action if he did not cough up.

“If payment is not received within 14 days, the payment notice will increase to $176.00 and the matter will be referred to our lawyers for further action,” a Care Park representative wrote.

Signage including ‘terms and conditions’ at the entrance to Oracle Boulevard at Broadbeach. Picture: Glenn Hampson.

“The response was firmly worded,” Dr Palipana said. “It outlined the subsequent legal actions that can be taken, noting that the decision was final.

“I wrote a response, copying in the Queensland general manager of the company noting that I would appeal the decision to the Human Rights Commission. This was because I felt that there was insufficient signage to know that normal council parking rules do not apply, particularly to people with disability.

“The general manager wrote back, stating that I should have read the signs (and) that the parking fine would not be waived.”

Signage at Oracle Boulevard in Broadbeach. Picture: Glenn Hampson.

Paul Whitsed's ticket showing payment and the fine he received.

Dr Palipana said it was an unwanted headache given the repeated dramas he had suffered while trying to park on the Gold Coast.

“My emotional reaction to it was so strong, because I have so much trouble parking, even with the permit.

“One time I parked nearby on a separate street, and I put my permit up. Then I came back and someone was letting my tyres down. I went up to them and said, ‘why are you letting my tyres down’? And they said it’s because you don’t have a permit and I said my permit’s on the dash.

“You get yelled at sometimes and all this stuff. So when this happened, my reaction was probably a bit emotional.

“... I’m not going to park there again. Life is complicated enough when you use a wheelchair. If there’s a risk that something will complicate it any further you just want to avoid it.”

Signage at the entrance to Oracle Boulevard in Broadbeach. Picture: Glenn Hampson.

Paul Whitsed says he also received an $88 fine, despite actually paying for parking because the ticket fell from the dashboard of his car.

Care Park require that the ticket is clearly displayed.

He appealed the penalty, providing proof that he had paid, but was also threatened with legal action.

“Basically, I sent them back the ticket with my registration number on it and with the payment and got a letter back saying, ‘you haven’t paid it, you haven’t met our terms and conditions, pay this or it’s going to double and then we’ll see you in court’,” he said.

“I’m going to take it to court, because I’m awkward. It was bullying behaviour really - tough luck, you’ve paid, but we want another $88 from you.”

Dr Dinesh Palipana with his car. Picture: Glenn Hampson.

Mr Whitsed said he and his wife had been regular diners at Oracle restaurants, but would not be returning after their experience.

“I reached out to Oracle Broadbeach, the facilities (managers) there. I said this isn’t reflecting well on your businesses, because we spent quite a lot of money there during Covid, trying to keep them afloat,” he said.

“I don’t think it’s a very good look for their businesses if people are getting fined when they’ve actually paid.

“I won’t go back now. I do like the area, but I’d rather go somewhere where I’m not at risk of it (an $88 fine), particularly if I’ve paid.

“To me it’s not a good look. The Gold Coast doesn’t need it.

“It’s such a nice area, the whole area, it’s a shame really.”

The Bulletin sought comment from Oracle Boulevard management and parking managers Care Park. No response was received by time of publication.

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