yeah ok me bad, but I rode around the barrier at the tornament carpark and now i get a thing in the post. ok i did it, but how did they get my address wots going on there i opted out so it cant be from the ltsa.
L-Plate Rider
yeah ok me bad, but I rode around the barrier at the tornament carpark and now i get a thing in the post. ok i did it, but how did they get my address wots going on there i opted out so it cant be from the ltsa.
Come warm yourself by the fire
um aren't you allowed to ride around the barrier arm?
Reactor Online. Sensors Online. Weapons Online. All Systems Nominal.
L-Plate Rider
yeah i got a breech notice parked wrong somehow but yeah me bad but i don't know how they got my address thats wot pisses me
one placenta
...hi Winston...how fast were you riding when you went the wrong way...were you at flash speed or were you bordering on being a blur...
Forum whore
They would have got your address from the NZTA.
The NZTA are still selling the motorvehicle register, even if you have opted out.
Effectively its not available to the general public, but Wilson parking, Tournament Parking, finance companies, etc etc etc are still able to get the information if they want it. I did an OIA a few months after the opt out came in, and it was business as usual with 97% of applications for information on opted out people being supplied anyway. Same as the driver licence. For a bit over $1 the NZTA will sell anyone a copy of your drivers licence.
David must play fair with the other kids, even the idiots.
L-Plate Rider
i opted out so only police can get it? and they can sell my driver licence ?
Forum whore
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.
But don't take my word for it.
Ask the NZTA yourself. Ask if they sell peoples driver licence information. Ask if they sell the motor vehicle register even if people have opted out.
My advice - if you just ask the question "do you sell the motor vehicle register" they will say something like "the motor vehicle register is now closed, and only available to law enforcement or those holding a blah blah approval who hold a picture of the queen in their left hand while saying the secret incantation"
So ask a hard to dodge question. Ask HOW many applications were made, and how many were released so they cant evade the question.
email them at info@nzta.govt.nz and post the answers sometime, I would like to know the latest figures.
David must play fair with the other kids, even the idiots.
Yarrrrr
Nothing's really changed for us - we still have easy access to rego info (used to be via Motochek) - it's just through a different company now. Looking up info for insurance claims, investigations and so on. Haven't come across a "name witheld" case yet
As far as I can see the only change is we log in using our own individual sign in credentials (rather than a company wide log in account), so there is a record of who looks at what I guess.
L-Plate Rider
when i opted out i thiught only the police could get my name and adderss. I have asked but they havent replyed yet. Its stinks if anyone can get it.
Forum whore
Hi MattOriginally Posted by Matt_TG
Who are you using now ?
David must play fair with the other kids, even the idiots.
Yarrrrr
We use Infolog. As I said though the checks must be legit and are recorded.
Fair weather rider
If the "parking infringement" is from a private company then it is not an "infringement".
It is a speculative invoice for an alleged breach of contract and can be filed in the bin, nothing can happen, no legal action against you can succeed.
If it is some sort of council ticket on the other hand you must respond.
Use the Privacy Act 1993 on NZTA to find out who managed to get your personal details without your permission, then use the Privacy Act on that company - then complain to the Privacy Commissioner - and if necessary go to the Human Rights Review Tribunal.
The likes of Wilson Parking are parasitic scum, I'm glad to say I have only cost them money as I have never paid them anything (and never will).
Forum whore
Tournament Parking have this to say on their web site.
By parking a vehicle in a private car park you have entered into a contract with the car park operator and have accepted the terms and conditions displayed clearly on the notice board at the car park.
A driver who uses the car park in breach of these terms and conditions, e.g. without purchasing and displaying a valid ticket, has also accepted the risk of being towed, clamped or issued a notice of breach, as outlined in the terms and conditions.
In contract law, parties are not entitled to impose penalties or fines for breach of contract. However, they can seek “liquidated damages”. Liquidated damages are defined as a reasonable estimate of the damage suffered as a result of the contract being breached.
The use of liquidated damages allows the parties to agree in advance on the damages that will be payable by the driver if they breach the obligations owed to the carpark operator under the parking contract.
We have estimated the liquidated damages arising from the breach to be $65. This is made up of $25 for loss of revenue due to non-purchase/display of valid ticket, plus a $40 administration charge for the cost of monitoring the car park, issuing and processing the breach notice. We believe this estimate to be fair and reasonable.
Again, these charges are stated in our terms and conditions
The Breach Notice (or payment notice) is simply a demand for the payment of liquidated damages arising from a breach of the contract, which under contract law we are entitled to request.
This approach has been tested in court and has stood up to scrutiny because it meets with the intention of the law. The law seeks to allow private parties to enter into contracts without having to rely on the law for the specifics of the contract.
The only circumstances where the Courts would intervene to disallow clauses specifying liquidated damages, is where the clause acts as a "penalty" against the party in breach and has been applied in an unscrupulous way, or where the amount is excessive compared with the loss likely to be suffered by the car park operator.
The bit that gets me is this bit:
By parking a vehicle in a private car park you have entered into a contract with the car park operator and have accepted the terms and conditions displayed clearly on the notice board at the car park.
If you haven't paid the fee then I'm not sure you have entered into a contract.
If you have paid the fee, I think a case could be made that a contract existed. But if you have just entered the building and ignored all the signs, you may be trespassing, but its a long bow to say you have a contract, and have formed an agreement of any kind.
On the other hand, if it were my car park, and I was trying to make money from it, I would be very pissed off with non payers. Using the car park is voluntary, if you don't want to pay the fee don't park there.
My annoyance about this kind of thing is that I have to provide the NZTA with all sorts of personal information. I don't have any choice. And it pisses me off, that even when I have told them that I want it kept confidential that they sell it anyway.
Im way more pissed off that they sell driver licence details, and don't even let you opt out of having that sold.
David must play fair with the other kids, even the idiots.
L-Plate Rider
i have written to them like davereid said so will let you know
Hardcore Biker
Any lawyers here? I thought for a contract to be valid, there had to be offer, acceptance and consideration. The latter being usually a payment - which may not be much (hence BMW selling Rover group for $1.)
The question is if "consideration" also means promising to pay (in this case by entering a pay parking facility)
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(> <) Peace through superior firepower...
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