Coral Sea Marina, Airlie Beach paid car parks under fire for ‘trapping’ tourists with ‘unwarranted’ fees

Tourists say they fell victim to a ‘scam’. The debt collectors say the visitors are trying to game the system – so who’s in the right?

A Gold Coast lawyer is taking a stand against Whitsunday paid car park debt collectors, claiming he was “misled” into paying the wrong people.

Steve Davey is fighting a $55 fine from Coral Sea Marina car park managers Care Park on moral grounds, arguing he made every effort to do the right thing before returning from a yacht trip to a nasty surprise on his windscreen.

Mr Davey and a friend parked a borrowed Toyota Camry at the Airlie Beach marina on January 30, 2022 and paid $18.09 at a nearby parking meter, believing that gave them the right to leave the car there until February 1.

When they returned to the marina on January 31 they were “extremely annoyed” to find Care Park had issued them payment notice demanding $55 for breaching the contractual terms and conditions of the car park.

Steve Davey provided this photo as proof he paid for parking at the Coral Sea Marina on January 30, 2022. Picture: Supplied

The pair immediately raised the issue with Care Park, providing proof of the initial payment and asking that the additional payment request be withdrawn.

The Melbourne-based company’s response was to explain that the initial payment was in fact made to Whitsunday Regional Council, which also manages car parks in the marina precinct but which has no affiliation with Care Park.

“If payment is not received within 14 days, the matter will be referred to our lawyers for further action,” Care Park’s disputes officer stated in an email.

“Our decision is final.”

Coral Sea Marina private car park managers Care Park issued a payment notice claiming Mr Davey had committed an offence by failing to pay them. Picture: Supplied

Mr Davey however maintains he made an honest mistake anyone in the same situation could easily have made, and has gone as far as to accuse Care Park of operating a “fine scam” to profit from unsuspecting tourists.

“Care Park Pty Ltd is issuing fines to people who have legitimately paid for parking tickets at the Coral Sea Marina,” Mr Davey said.

“We will never pay the fine because we legitimately paid at the parking meter.”

Care Park said this receipt was 'evidence which clearly shows [Mr Davey and his friend] paid $18.09 for 24 hours parking at the Whitsundays Regional Council Car Park although they parked next door in the privately owned Coral Sea Marina Car park which only allows parking for up to 12 hours maximum'. Picture: Supplied

Care Park’s Queensland, New South Wales and ACT general manager Peter Roberts, as well as Coral Sea Marina management and Whitsunday Regional Council, assured this publication marina signage delineating council-managed car parks, car parks managed by Care Park, and the correct payment processes for each was adequate.

Coral Sea Marina map showing the different car parking areas. Those marked with a P are the car parks managed by Care Park. Picture: Supplied

Mr Roberts suggested if anyone was a scammer in this situation, it was the pair disputing the payment notice.

“The signage is very clear and the Coral Sea Marina only allows for parking up to 12 hours MAX,” Mr Roberts said.

“The parker has deliberately paid at the Whitsunday council car park machines for a 24-hour ticket in order to get cheaper parking and attempt to park longer than the permitted 12 hours max.

“This was clearly a deliberate attempt to obtain cheaper and longer parking.”

Mr Davey enjoyed a yacht trip on the Coral Sea before his Whitsunday getaway was tainted by an 'unwarranted' parking ticket. Picture: Supplied

For now, the parties are locked in a stalemate, with Mr Davey insisting he “just went to the closest parking meter to [his] car park” and that any “alleged signage” was “absolutely and totally unclear.”

“I would regard them [Care Park] as engaging in misleading and deceptive conduct,” he said.

“I’ll bet they trap lots of people as they have done to me.

“Any tourist who goes on a jet ski ride, boat tour, or for a meal at the marina could fall into the same trap.”

Whitsunday Regional Council provides a map on its website showing council-managed car parks in Airlie Beach, including the Coral Sea Marina. Picture: Supplied

Whitsunday Regional Council acknowledged the presence of multiple payment options at the marina may cause “confusion” and said its policy was to waive infringement notices in cases where a person had paid using the incorrect car park meter or mis-plotted their parking location in the EasyPark payment app.

“Council recognises that a mistake may be made by a person using the incorrect meter or EasyPark area code when paying for parking and upon proof of a parking fee payment withdraws an Infringement Notice issued for non-payment in its car park,” a spokeswoman said.

“If the parking payment dispute is with the privately owned car park, council can only refer the person back to Care Park as council is not in a position to interfere with parking operations on private property.

“Council may however refund the parking fee payment mistakenly made in the council car park.”

Originally published as Coral Sea Marina, Airlie Beach paid car parks under fire for ‘trapping’ tourists with ‘unwarranted’ fees