The Commerce Commission has received more than 400 complaints about parking fines and penalties so far this year, RNZ reports. In 2022 it received 151.
At the same time, scammers are sending text messages that claim to be overdue parking fines. With Christmas shopping trips coming up, it helps to know which kind of ticket you are holding and what your options are.
Why are complaints going up?
Mike Kelly, chief executive of the New Zealand Parking Association, told RNZ's Nine to Noon that enforcement is getting tighter. Number plate recognition cameras are becoming the industry's go-to tool, he said, and "it really does give a much wider scope to manage the spaces."
He also said these camera systems can run into problems because they often look for the earliest entry and latest exit, even when a driver has left and come back.
According to Kelly, a breach of private parking terms typically costs between $65 and $85. Tickets from councils and from private operators can be as much as $300, he said, for example for parking in a disability space without a permit or having an expired warrant of fitness.
Council ticket or private notice?
The two work differently.
A council parking ticket is an infringement notice. If you ignore it, Kelly said, it "could end up in court".
A private car park is different. The Commerce Commission says that when you park on private land run by a parking company, or in a council-owned car park, you enter into a contract with that company. The terms should be displayed clearly and accurately on the signs. If you break them, for example by not displaying a ticket or by staying longer than you paid for, the company can issue a notice. The Commission says the company must be able to provide evidence of the breach.
Kelly's advice applies to both: "If you do get a parking ticket, engage with it." He said private operators look to pass on extra costs when people ignore their notices.
How to dispute a private notice
The Commerce Commission's guidance is:
- If you don't believe you breached the contract, for example you weren't driving, you never parked there, or you got back before your time ran out, dispute the notice with the company first.
- If you can't sort it out, either side can take the case to the Disputes Tribunal.
- If you think the signs were unclear or misleading, or the company made itself look like a government authority, you can report it to the Commission online or on 0800 943 600.
Keep your evidence. Photos of the signs, your receipt or parking app history, and bank records showing when you paid can all help, particularly if a camera has recorded only your first entry and last exit.
Clamping and towing have limits
The government's Consumer Protection website says clamping on private land is lawful only if the operator was authorised by the landowner and you were not entitled to park there. The maximum fee for removing a clamp on private land is $100 including GST, covering all call-out and admin costs, and the clamp must be taken off promptly once you pay.
There is no fixed national cap on towing fees from private land, but the fees must be reasonable. On public roads, only councils, Police or other authorised officers can clamp or tow.
Is that text real?
Waitaki District Council warned this month about a "widespread" PayMyPark phishing scam, the Otago Daily Times reported. The texts claimed to be about overdue parking fines and "penalty charge notices", and one resident said the message carried the council's logo alongside other councils' logos.
The council said parking fines in New Zealand are placed on the windscreen, handed to the driver or sent by letter, "never via random text messages containing payment links."
If you get one of these texts:
- don't click the link
- check with the council or car park operator using contact details you find yourself
- if you clicked but entered nothing, close the page and delete the message, Netsafe advises
- if you entered card or bank details, call your bank's fraud team straight away so it can block your card
Parking is not the only area where scammers use urgency to rush people. Earlier this month, Auckland Chinese restaurants were targeted by a fake booking and abalone scam, and the National Cyber Security Centre warned job seekers about a fake job app that takes over Android phones.
