Wilson Parking, two ticket fun, and opting out at NZTA

[FJRider]

Its not a fine.

Call it whatever you like ... a demand/request for money ... amounts to somebody wanting money out of your pocket.

Some take a great deal of time and money to save money, or save their name in principal.

Is it always worth it .. ??? maybe ... maybe not.

Individual choices ... individual results. But the outcome will not always please ...

[Peeteey]

I understand that before any contract can be binding there must be agreement on both sides. That agreement can be by way of a written contract, signed by both parties, or it can be way of an offer and acceptance of that offer by way of consideration, ie. payment. Simply posting a sign is not an enforceable contract, and there is no way that a contract can be passed on to any other party without that other party's acceptance.

Surely if I put up a sign saying "parking in this spot will cost you $5 an hour" and you park there, wouldn't that be considered an acceptance of my terms?
Kinda like advertising things for sale. If I put up a sign saying "hugs $5" and you say you'd like one, then that too becomes a contract.

[davereid]

Surely if I put up a sign saying "parking in this spot will cost you $5 an hour" and you park there, wouldn't that be considered an acceptance of my terms?
Kinda like advertising things for sale. If I put up a sign saying "hugs $5" and you say you'd like one, then that too becomes a contract.

If simply putting a sign up forms a binding contract, I will put a sign on my fence "$10 fee for looking at this sign".

Car Park operators DO have some legal remedies, including towing.

I think that eventually they will loose MVR access as they only have it on the flimsiest pretext, and its pretty hard to see how the NZTA can have determined that the car park operators right to issue legally dodgy breach notices always trumps the individuals rights.

And then the OP will find he has been towed instead.

[Akzle]

Its a registered person btw, there is no longer any such thing as a registered owner.

that's because it's a silly game that people choose to play. at law "to register" is "to abandon"
you don't own your capitus diminutio person, much less any chattel property registered. to another legal entity. (your 'person' is registered at live berth - you even get a registration certificate!)

legally, whoever you send those forms to, owns "your" car/bike/boat trailer, you become the holder of title, or a nifty certificate, yay you.
- that's why they can tell you how to use it, that's why they can demand WOF inspections and licensing "fees", that's why your 'person' is off to court for infringing their rules. all because they own "your" person, and "your" car

good fucking deal!

[breakaway]

I rang LTSA or whatever the hell they're called a couple of years back.

They indicated to me that there are 2 separate things for every vehicle. One being the legal owner, and the other being the registered owner.

I asked the bloke how I can prove LEGAL ownership of the vehicle. He said something to the effect of "You should have received a receipt or similar when you purchased your vehicle". When I asked him what if it was a private sale, he said you should always write up a quick document which includes the model, make, full name of old owner and new owner, along with today's date and make 2 copies, and have both parties sign both documents. Ever since then I've written up a quick sale document that I always have completed when selling/buying a vehicle.


The registered owner simply agrees to be the person responsible for the vehicle and ensuring it is operated in accordance with the rules & regulations, which apparently, is why you get all literature mailed to you.

[Akzle]

They indicated to me that there are 2 separate things for every vehicle. One being the legal owner, and the other being the registered owner.

legal title vs lawful possession. fun game huh?

[breakaway]

It's not the most straightforward thing, that's for sure

[jaykay]

Looks like some people still don't get it (with the clear exception of davereid).

Wilson parking can't fine anyone. They can't take action against the registered owner of a vehicle, only the driver - and that would like trying to push sh1t uphill.

NZTA just sent me this:

"Pursuant to section 241 of the Land Transport Act 1998 ("the Act"), I authorise the following person, for the purpose and the term, and on the conditions stated below, to have access to the names and addresses of persons:

- who are currently registered in respect of a motor vehicle(s); and

- who have not instructed the Registrar of Motor Vehicles to withhold their details.

Wilson Parking New Zealand Limited - To trace persons registered in respect of motor vehicles where the occupants exit a car park (enforcement of which is managed by Wilson Parking New Zealand Limited) without paying for parking, in breach of the parking terms and conditions.

- To trace persons registered in respect of motor vehicles which while entering, in, or exiting a car park (enforcement of which is managed by Wilson Parking New Zealand Limited) cause damage to the car park property.

- To send a reminder notice to the registered person where a motor vehicle has been parked

in a car park in breach of the parking terms and conditions, enforcement of which is managed

by Wilson Parking New Zealand Limited."

As far as I am aware it costs $15 to get a name (that's what I was quoted), possibly Wilson get it cheaper.

All in all it's good news. Wilson pay to get a name (company one in this case, and another three cases since), company ignores them.

Got a Wilson ticket the other evening in Christchurch, you know the place with hundreds of of parking places in town as most of it isn't there. Got home, opted out the car owners details as soon as I got home (car isn't registered to me). Job done.

Opt out if you haven't already done so.

[Akzle]

Opt out if you haven't already done so.

oooooooooor. don't opt in in the first place?

[SPman]

It is the "Intent" of those that opted out ... that should be in question.

So.....if you have nothing to hide, you have nothing to fear.................

[davereid]

"Pursuant to section 241 of the Land Transport Act 1998 ("the Act"), I authorise the following person, for the purpose and the term, and on the conditions stated below, to have access to the names and addresses of persons: - who are currently registered in respect of a motor vehicle(s); and- who have not instructed the Registrar of Motor Vehicles to withhold their details.

Wilson Parking New Zealand Limited - To trace persons registered in respect of motor vehicles where the occupants exit a car park (enforcement of which is managed by Wilson Parking New Zealand Limited) without paying for parking, in breach of the parking terms and conditions.- To trace persons registered in respect of motor vehicles which while entering, in, or exiting a car park (enforcement of which is managed by Wilson Parking New Zealand Limited) cause damage to the car park property.- To send a reminder notice to the registered person where a motor vehicle has been parked in a car park in breach of the parking terms and conditions, enforcement of which is managed

Opt out if you haven't already done so.

The NZTA have given lots of agencies "Section 241" access to the register.
This doesn't allow access to individuals who have "opted out".

But they have also provided a "back door" giving full access including opted out to a large number of companies, and the list has been published on several forums, so I have pinched it and here it is.

The cost of access for these guys is a few cents BTW.