Tournament Parking infringement

[FJRider]

If you are thinking a dodgy cop or traffic warden gave them the information, its possible, but I don't think they would do it, as it would be too easy to track.

Or ... if the OP was caught on camera, and a complaint made to police ... information as to identity ... may have been supplied. On the grounds of actions on private property is/was not enough grounds for their action ... at that time.

[bikaholic]

Or ... if the OP was caught on camera, and a complaint made to police ... information as to identity ... may have been supplied. On the grounds of actions on private property is/was not enough grounds for their action ... at that time.

nah it is a 'civil' matter, cops would only be interested if the Op had a trespass served on him.

[davereid]

Or ... if the OP was caught on camera, and a complaint made to police ... information as to identity ... may have been supplied. On the grounds of actions on private property is/was not enough grounds for their action ... at that time.

Maybe.

But I think the outcome will be that the NZTA are just ignoring the opt out, and supply the information anyway.

[FJRider]

Maybe.

But I think the outcome will be that the NZTA are just ignoring the opt out, and supply the information anyway.

Going by this link ... they may have authorisation to access the information.

http://www.transport.govt.nz/ourwork...hicleregister/

It would seem the "opt out" is not hard and fast ...

Anyone wishing to have access to names and addresses held on the Motor Vehicle Register after 1 May 2011 will have to apply for and obtain an “authorisation” from the Secretary for Transport.

The Secretary for Transport can issue an authorisation to any person to obtain current names and addresses. An authorisation may be for any purpose and subject to any conditions specified by the Secretary. It will be up to the applicant to make a persuasive case. An application may be valid for up to 5 years.

[davereid]

Anyone wishing to have access to names and addresses held on the Motor Vehicle Register after 1 May 2011 will have to apply for and obtain an “authorisation” from the Secretary for Transport. The Secretary for Transport can issue an authorisation to any person to obtain current names and addresses. An authorisation may be for any purpose and subject to any conditions specified by the Secretary. It will be up to the applicant to make a persuasive case. An application may be valid for up to 5 years.

Yes this is a section 241 authorisation. They arent hard to get, they have authorised hundreds of users.

http://www.dia.govt.nz/MSOS118/On-Li...pand=29.1#29.1

But, a section 241 is not supposed to supply information on opted out persons.

I think that a few OIA enquiries are going to bring to light some smelly rats.

[St_Gabriel]

I couldnt see where it is allowed for the likes of Tournament/Wilsons parking to become an authorised person to obtain any information, let alone information on a person who has opted out. Unless they use an extremely broad definition of a "Financial Services Provider", which according to the Financial Service Providers (Registration and Dispute Resolution) Act 2008, they wouldnt comply. Im very interested to see the outcome of this one.

Also in relation to the "liquidated damages" in the invoice they issued, what would have been the parking fee for the space that was occupied, assuming it was a full and complete car park that was taken and not some pokey little corner where they couldnt rent out the space to a car, because if it wasnt a car park that was taken up then you have not caused them any liquidated damages to my understanding but then again IANAL

[davereid]

Tournament have a section 241 authorisation.

http://www.dia.govt.nz/MSOS118/On-Li...t=0,tournament

But it shouldn't apply to anyone who has opted out.

I did an OIA request last year, and found the NZTA ignored the Opt Out, releasing the information in > 97% of cases. But The Opt out was only new, and it was a very small sample, only around 140 applications. I'm just working on a new OIA request to get the latest info, but will wait till we hear what they tell the OP.

Id encourage anyone who has opted out to ask them the hard questions.

But my experience with the NZTA is you have to be very careful how you ask. They are very good at giving you an answer that re-assures you without actually giving detail. And when you dig, the detail shows you were unwise to have been reassured !

[jaykay]

Tournament's terms and conditions can be ignored.

No one can unilaterally impose a contract by way of a sign - and civil enforcement would be impossible.

Tournament would have to establish who the driver was, and the registered owner is under no obligation to tell them.

The only legal avenue for Tournament would be through the Disputes Tribunal with a $30 filing fee which they couldn't claim.

So Tournament won't take legal action and can't put anything on your credit rating.

Recommendation from various UK websites is to ignore them - acknowledge them in any way and you are on the hooked fish list.

I've ignored all "tickets" from shopping malls, as has everyone I know.

[davereid]

No one can unilaterally impose a contract by way of a sign - and civil enforcement would be impossible.

Thats interesting. The 241 authorisation allows Tournament "To send reminder notices to persons registered in respect of motor vehicles where vehicles have been parked in car parks managed by Tournament Parking in breach of the terms of a contract."


If you are correct that no contract exists, then they can't use a 241 exemption to get name and address data. On the other hand, the MOT are unlikely to care. They are apparently already releasing the name and address of opted out individuals even though the 241 makes it clear they may not.

[jaykay]

A Reminder Notice which means nothing.

If you don't reply to a Reminder Notice issued under the Summary Proceedings Act , it can be filed in a court as an unpaid "fine".

A Reminder Notice from Wilson or Tournament Parking is frankly toilet paper. No law has been broken, it could only be enforced through Civil Procedures, any semi decent defence would beat it in the very unlikely event proceedings were commenced.

Like debt collectors, Wilson Parking and Tournament Parking have no statutory powers, have a laugh at anything they send......and ignore it.

My terms and conditions which state Wilson Parking owe me $500 for every letter they send to me is as meaningless as the rubbish they send out.

Police and council tickets should be responded to, anything else should be treated with the contempt it deserves.

[winston]

A Reminder Notice from Wilson or Tournament Parking is frankly toilet paper. No law has been broken, it could only be enforced through Civil Procedures, any semi decent defence would beat it in the very unlikely event proceedings were commenced.

yea cos actually its dads address and he is way pissed of at me cos the bikes in his name.

[FJRider]

And in an attempt to get the fee's they are claiming ... a debt recovery company will be involved ...

I'm sure he will be happy about that too ...

Interesting reading ...

http://nzcms.co.nz/appeals_faq.html

[Clockwork]

IANAL but..... just because Tournament publish that stuff on the internet doesn't make it legally or factually correct. Its not as if they were the most reputable and upstanding of organisations now is it?

I would hope that at the very least they would need to prove that the party who committed this "breach of contract" was the registered owner.

[CookMySock]

Fuck me dead, people are starting to click on...

[Clockwork]

Ha..... I love this line

"TERMS & CONDITIONS OF PARKING
BY ENTERING THIS CAR PARK YOU AGREE TO THE TERMS & CONDITIONS SET OUT BELOW. IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS, IMMEDIATELY LEAVE THE CAR PARK. THESE TERMS & CONDITIONS APPLY FROM WHEN YOU DRIVE YOUR VEHICLE INTO THIS CAR PARK AND APPLY 24 HOURS A DAY, 7 DAYS A WEEK. YOU HEREBY ALSO BIND THE OWNER OF THE VEHICLE YOU ARE DRIVING TO ALL OF THESE TERMS & CONDITIONS AND WARRANT YOUR AUTHORITY TO DO SO."

I'm sure it just that easy!!