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Coorparoo residents who use suburban retail car parks are frustrated over invoices issued by private parking companies.
Key points:
- Residents say the threat of receiving invoices could hurt businesses
- The Office of Fair Trading does not recommend ignoring parking invoices
- A lawyer says contesting the invoices could be more trouble than it is worth
Ricky Geniatsos dropped her daughter off for a shift at Coorparoo McDonald's on Old Cleveland Road recently and was sent an invoice for $88.
Ms Geniatsos said she drove into the car park before 11am and left after returning to collect her daughter at about 2pm.
The invoice from Smart Compliance Management was accompanied by a photograph of her car entering and leaving at those times, but Ms Geniatsos said she did not sit in the car park for three hours waiting for her daughter.
"They need to manage it a bit better and show car was there for the whole time," she said.
"I understand why they need to do this — but show some evidence.
"We understand people abuse that car park and park there while they go to work, but I can't be taking my daughter to work and fearing a week later I'll be getting an invoice."
Adam James said he received a $90 invoice for overstaying in the McDonald's car park, where he spent about 90 minutes.
He said the crackdown would impact businesses.
But a statement from Smart Compliance Management said signs clearly stated a "no-return rule" and drivers could only use the car park for "one free period per day".
The company said it was brought in to manage the car park at the McDonald's in Coorparoo "in response to parking abuse and to ensure genuine customers can find places to park".
"The free period is the time limit that is displayed on signs throughout the car park," the statement said.
"McDonald's in Coorparoo is located on private land, so Smart Compliance Management are legally able to issue parking breach notices to those people who contravene these terms and conditions."
Neighbouring crackdown
Down the road, Bree Smith said she had also received a fine for parking at the Coorparoo Coles car park.
She said the invoice from ParkPay showed a photo of her car at a Greenslopes car park and a photo in the Coorparoo car park, but claimed the car had been in the Coorparoo park for the duration.
A ParkPay spokesperson the company had managed the Coles Coorparoo car park for seven years.
"Vehicles are parked subject to the conditions of parking that include a parking fee schedule in place at the entrance/s to the car park and other clearly identifying 2P free signs throughout the car park," they said.
"If noted parked in excess of the free parking period a parking fee tax invoice is issued.
"The invoice details how to query in writing the issuing of the invoice if the driver believes it has been incorrectly or unfairly issued.
"We have always had a review system in place that is fair and reasonable in dealing with review requests.
"We have minimal instances where tickets are issued incorrectly and if we can confirm they have been issued incorrectly they are promptly cancelled.
"We do, however, also have claims that invoices have been incorrectly issued and we then are able to prove that their claim is not valid.
"The car park provided solely for Coles customers is used by residents of the numerous residential towers nearby for extended overflow parking when not shopping.
"It is also used by visitors to numerous other businesses in the vicinity, all to the detriment of the availability of spaces for legitimate shoppers."
Clear rules for customers
Queensland property lawyer Tim O'Dwyer said the best course of action customers could take would be to "just pay and be more careful in the future".
But he said any lawyer acting for the car park operators would probably advise them to let customer "get away with it" because pursuing the payment would be "more trouble than it's worth".
"It depends on whether the parking company wants to spend the money," Mr O'Dwyer said.
"It could have a debt collecting agency they use, and they send another bill and before you know you're hit with a summons [to court] and then the costs start mounting.
"It's not worth taking the risk if you're the customer."
A spokesperson for the Office of Fair Trading (OFT) said customers entered a contract with the operator when they used a private car park and that the terms and conditions "should be visible and must not mislead the car park user".
"Private car park operators cannot issue fines and generally issue an invoice requiring payment or a demand for payment," they said.
"The operator cannot mislead a consumer to believe that an invoice or demand has been issued by a government regulator or similar.
"Payment of the invoice or demand is generally a civil matter and for any advice on the requirement to pay the amount you should seek legal advice.
"The OFT does not recommend ignoring a payment notice."
Customers can make a complaint to the OFT if they encounter misleading car park signage, for example, if a sign says the maximum cost is $200 and they are charged $250.