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A loophole compelling the state government to provide motorists' information to third parties will be closed from Monday before consultation begins with private parking operators.
Key points:
- Mark Bailey has blocked the ability for third parties to access motorists' information from the department
- The "pause" will start on February 20
- Consultation will then begin with the industry
The move is in response to numerous recent complaints from customers sent invoices to pay at least $88 after allegedly overstaying car park limits in Brisbane.
Describing the change as a "pause", Transport and Main Roads (TMR) Minister Mark Bailey said he had sought legal advice to close a loophole and make sure "whatever move we made was effective".
"Currently it's an offence for TMR not to hand over details in relation to somebody and that's usually in relation to a car crash, people have lawyers and insurance, it's a pretty normal process," he said.
"That mechanism is being exploited by a number of car park operators to get the details of people and then send them what looks like a fine.
He said it looked official and legal but they weren't authorised to issue a fine.
"Only a state or local government authorised officer is allowed to do that," he said.
"A lot of people mistake them for a fine and pay it and if you don't pay it, people have been getting more intimidating letters which is upping the fine and up the pressure on people."
Mr Bailey said while he had no problems with parking operators stopping drivers from staying several hours in a space, he was concerned at the invoices issued to those legitimately using nearby businesses.
He said from Monday, lawyers would require a court order to access people's details, bringing Queensland in line with other Australian states.
"They're saying it's a matter of litigation, but in reality they have no intention of going through all the court costs to recoup a small amount of money," he said.
"Don't pay these so-called fines, they're not fines. It's a rip off.
"I'm sure there are legitimate car park operators who do the right thing but it's certainly giving everyone a really bad name."
Spokespersons from operators ParkPay and Smart Compliance Management maintained they were not issuing fines.
Mr Bailey said he would start talks with the parking industry about the issue.
Call to discuss 'problem'
Parking Australia chief executive Stuart Norman called the move "alarming".
"These are going to be introduced from Monday without actually speaking with the industry and consulting them about the issues," he said.
He said his organisation didn't see how parking on private land was any different to driving on a private toll road.
"If you don't pay for your trip on a private toll road, you receive a notice in the same way saying we need payment," he said.
"This is not a new arrangement, it's been in place for many, many years.
"What's new is that some operators are going about it in a different way with new technology.
"All of a sudden there is a knee jerk reaction and if the new technology is the problem, let's discuss the new technology."
Mr Norman said parking at high-demand premises such as hospitals could be compromised by the legal changes.
"What we don't think about is when we're driving around and we can't get a park and maybe that's because there are people there overstaying their welcome," he said.
"We often think about the person who gets the fine but we don't think about the person who can't get a park to go in and make that purchase at a local business.
"It's easy to whinge but there is a process by which you can rectify the issue should you believe you're in the right."
But Mr Bailey said Melbourne-based Mr Norman was not aware of "what was going on on the ground in Queensland".
He also reiterated that customers should not pay the parking invoices.