Enforceable undertaking for car park company

Canfan 17 September 2014

The operators of a private car park in Woden and the City were forced to stop handing out fines and are refunding people who were issued with fines earlier this year, Attorney-General, Simon Corbell, announced today.

Wilson Parking Australia 1992 Pty Ltd (Wilson) has provided the Commissioner for Fair Trading with court enforceable undertakings under the Australian Consumer Law (ACL).

The undertaking follows concerns by the Office of Regulatory Services (ORS) that certain aspects of the operation of the Section 63 and Woden Green Wilson owned car parks (the car parks) in the ACT were potentially contravening sections 18 and 29 of the ACL between 1 February 2014 and 9 April 2014.

“The Australian Consumer Law prohibits a business from making false or misleading representations or engaging in misleading or deceptive conduct,” Mr Corbell said.

“Consumer concerns were brought to the attention of the ORS, which identified there was insufficient signage to indicate the terms and conditions of entry, consequently consumers may have been unaware of their rights and responsibilities in the car parks. Further, parking breach notices issued by Wilson were representing that they were enforceable under local council by-laws, which was not the case.”

“When made aware of the ORS concerns Wilson accepted there were issues with its signage at the car parks between 1 February and 9 April 2014 and voluntarily ceased enforcement activities whilst engaging with the ORS about the matter.

“Wilson offered the Commissioner for Fair Trading an undertaking in which they will make amendments to the parking breach notices and signage as well as attempting to reimburse all persons who were issued with, and paid, a parking breach notice in the period, waiving any outstanding parking breach notices from the period and amending the terminology of their car parks’ terms and conditions.”

“Wilson has also agreed to make a donation of $10,000 to Snowy Hydro South Care, and to undertake a six month review of its policies and procedures.”

A copy of the undertaking is available at www.ors.act.gov.au

(Simon Corbell Media Release)

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