Can you put me on the page to join please. Tauranga New Zealand. None..just got infringement notice

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Customer: Hi pearl,
JA: Hi. How can I help?
Customer: can you put me on the page to join please
JA: What state are you in? It matters because laws vary by location.
Customer: Tauranga New Zealand
JA: What steps have you taken so far?
Customer: none..just got infringement notice
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Answered by Chris The Lawyer in 5 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellingtonwith more than 42 years of experience. I am here to help with your questions.

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Chris The Lawyer, Expert

How may I help with your infringement notice?

Customer
Hi Chris,
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Chris The Lawyer, Expert

Hi

Customer
Is it possible to speak to you on the phone rather than type it all out without paying another $89?
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Chris The Lawyer, Expert

The phone call is an extra charge but I can likely help by text

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Chris The Lawyer, Expert

How do I dispute an infringement notice and what is required?

http://www.police.govt.nz/about-us/infringement-services/dispute

You must write to the Police Infringement Bureau, PO Box 9147, Wellington 6141 or email the Police Infringement Bureau before the due date if you want to do any of the following:

raise a matter concerning the circumstances of the offence for consideration by a Police adjudicator

deny liability for the offence and request a court hearing

admit liability for the offence and request a court hearing and make submissions for the court to consider in a hearing

request a safe speed camera photo.

You need to tell us the correct infringement notice number and clearly express your intentions or outline the details of your dispute or explanation. Phone explanations are not permitted as your intention must be clearly stated in writing. A Police adjudicator will consider your explanation or action your request for a court hearing and will reply to your correspondence.

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Chris The Lawyer, Expert

Let me know your issues?

Customer
I went to lunch with a friend who is 86 and not well at Harbourside restaurant 150 The Strand a few weeks ago. On arrival the carpark was packed as they had a promotional ladies lunch going on for the month of July. as I arrived a car pulled out and I drove in. (I have parked in this area over the last 20 odd years when visiting this restaurant). I never read the small print...just saw Staff and Client parking, so never thought more about it. When I arrived at my van there was no infringement notification(ticket). 2 days later I received an infringement notice from PARKING SERVICES LTD issuing me with a BREACH NOTICE stating that there is an amount of $95.00 to be paid within 21 days. Failure to do so will result will result in additional recovery/ admin costs of $75.00 per week!
Customer
My question is:
Customer
after investigating this I have established that the carpark is that of Associated Realty. I also went to the council to see who owns these carparks...and a Debra Eley is registered on their file. Parking Services is a FAMILY owned business which offers a completely free parking enforcement servive, by way of issuing the owner of the vehicle that has illegally parked, with a parking enforcement breach notice.
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Chris The Lawyer, Expert

They say-

HOW DO I DISPUTE AN INFRINGEMENT NOTICE?

To dispute an infringement notice, please email your complaint to *****@******.***

Please state your infringement notice number and registration details.  Appeals need to be recieved within 14 days of the infringement notice being issued unless extenuating circumstances apply.

Customer
Can these just charge what they like? Surely there has to be some ceiling for this MINOR infringement. eg. If you get a ticket from the council it is just around $30.00 which is reasonable NOT $95.00! Can you please let me know if this is acceptable to just pluck some random amoput because you are a PRIVATE company?
Customer
I know what it says Chris ...but I want to know can they just charge what they like?
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Chris The Lawyer, Expert

Some people have taken these tickets to the Disputes Tribunal to protest the amount. There have been mixed results.The issue may be how easy it is to read the sign about the park being private

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Chris The Lawyer, Expert

The amount is just set by Parking Services Ltd, there is no statute or regulation, and it is really an arbitrary sum

Customer
I asked for the picture to verify this and I went back myself to photograph it myself.
Customer
Do you not feel that $95 is excessive for this sort of infringement? Lagally speaking can one just pluck an amt and enforce it?
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Chris The Lawyer, Expert

Is it easy to see? Hidden signs may be a defence which you can raise with them direct or in the Tribunal

It is private property, so they do not have any restriction, except in some cases the Tribunal has said some fines are unreasonable

Customer
II should have read it more carefully but I too believe that these amts are excessive and unreasonable. What would happen if I just paid $45 instead of the whole amt? Where is the Disputes Tribunal? I just feel that the public should have a say about this high amount as it is total;ly unreasonable.
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Chris The Lawyer, Expert

https://www.disputestribunal.govt.nz/how-to-make-a-claim/

The private parking companies do often take a hard line but do back off in the Tribunal sometimes

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Chris The Lawyer, Expert

It is on private land so it is not a matter for public input

Customer
The trouble is that the due date is tomorrow. If I pay the amt of just $45 and continue with the dispute tribunal would that be reasonable?
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Chris The Lawyer, Expert

You will have seen that you can pay online, so perhaps that and raise the dispute at the same time explaining you are challenging the reasonableness of the ticket amount

Customer
Are you suggesting then that I pay the whole amount ....or just the $45 that I suggested?
Customer
can you help me word the challenge please?
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Chris The Lawyer, Expert

You should decide if you want to take this to the Tribunal as that would be the result otherwise. If you do then you should say

" Dear Parking Services

I have paid $45 on account of this ticket. I chose that amount because the fee is excessive, especially compared with the council charges of $30 for a ticket. I also point out that the sign saying private parking was difficult to see and that is unfair. If you want to collect the rest of this charge, we will need to take this to the Disputes Tribunal"

Customer
OK thank you. They state that if the amt is not paid in the time frame there will be additional costs of $75 per week. By paying just $45 and doing as you suggest, then they cannot make me pay those additional charges?These people seem to operate anywhere, as all the owner has to do is download a photo and send it to them and they then send the infringement notice. I feel like going to FAIR GO about this as I think it is an unreasonable amount and they need to be "shown up"!
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Chris The Lawyer, Expert

I am sure Fair Go has seen these before. It really depends on the fuss you want to create. But I do not believe the penalty is enforceable in the Tribunal

Customer
Chris, sorry to labour the point, but have other people been successful in disputing this? Do you feel that I should just pay the amount and be done with it?
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Chris The Lawyer, Expert

Some have  but others have not. Once you have thought this through you may not want the bother

Customer
Ok Thanks for your advice. If I should have further questions regarding this, how do I engage with you further?
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Chris The Lawyer, Expert

Just ask for me-it is nearly always me online

Customer
would your advice be that I should just pay it and move on?
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Chris The Lawyer, Expert

It is your choice-I would probably do so, but I do not enjoy combat in courts or tribunals

Customer
OK. Many thanks for your assistance. Great service that you offer! I had never heard about this before and on speaking to a friend this afternoon about it she made the suggestion.
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Chris The Lawyer, Expert

Glad to help

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