Ask RiotACT: Parking fine at New Acton

trickster 27 January 2016 16

Ask RiotACT

Hey Team,

I recently received a parking fine for not displaying a valid ticket at the car park at New Acton. I was parked in a New Acton (private) car park spot, not an ACT Government spot. The middle of the road has free two-hour ACT Government parking, while the part of the road adjacent to the Peppers Gallery Hotel is maintained by “New Acton Investments Ltd (or similar)” (according to the ticket machine).

This is an ACT Government issued parking fine.

Question. Can/does the the ACT Government enforce parking infringements in non-ACT Government parking spots? Does ‘New Acton Investments Ltd’ pay the ACT Government to enforce parking fines in their private parking spots?

Side note: Parking in these spots does not use an ACT Government parking machine, and i assume profits do not go to the ACT Government for essential schools/roads/hospitals/fireworks/owl statues.



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16 Responses to Ask RiotACT: Parking fine at New Acton
Aiden Aiden 7:09 pm 07 Feb 16

Rule 12 of the Australian Road Rules (ARR) is wide enough to cover the off-street parking adjacent to the New Action Apartments. The Rule defines ‘road’ as “an area that is open to or is used by the public and is developed for, or has one of its main uses , the driving or riding of motor vehicles.”

Therefore, it makes little difference whether the road is a government road or a private road. It is how the road is used that determines whether the ARR apply to it or not.

gooterz gooterz 7:12 pm 28 Jan 16

Having government issue parking fines limits the actions of the individual
If it was some fine issued by the private owner they could choose not to pay it if they thought it was unfair. Then it would be up to the private to prove damages.

Government fines in private lots means that the paying equipment and signage is all at the whim of the owner. Is mostly substandard and there is no standard across all carparks.
More so does it cost the government more money to issue fines in private carparks because they would have to keep track and audit the conditions of every act carpark. Or more than likely they just assume the conditions and fine people unconditionally and pit it up to the person fined to prove innocence to a 3rd party.

Its another case of laziness and greed. Something I doubt would be held up in court.
How does one know they are even in a private carpark? There is no requirement for signage

Skelinoz Skelinoz 4:12 pm 28 Jan 16

I parked in the City once in a Meter bay, got out and discovered the Meter was broken, warden comes charging up, he must have been “guarding” it and says I need to move to a bay with a working meter, I hadn’t the will or the way to argue with him but did enquire if I was being set up for a TV show which seemed to upset him.

tim_c tim_c 2:43 pm 28 Jan 16

Oh, and you can be almost certain that the ACT Government profits not only from the fine, but also collects a nice big tax on private car spaces available for public use (eg. at Canberra Centre, etc.) – in the order of $15,000 per year per car space last I heard.

Does the property owner get any money from the fine? I wouldn’t think so, but if the ACT Government can discourage you from stealing (ie. using the parking space without paying the required amount), the space might be available for someone who does pay.

tim_c tim_c 2:37 pm 28 Jan 16

It is my understanding that ACT Government cannot enforce parking in private carparks unless the property owner gives permission for that to occur.

I have little (read: no) sympathy for people that get parking fines – it’s not as if you can accidentally park illegally – most times it’s just laziness.

In an ideal world, if there weren’t enough legal parking spaces you would avoid simply that venue and go to one that has adequate parking – when a lack of patronage starts to adversely impact on businesses, they might just have to consider providing adequate parking, or renting facilities that have adequate parking, leaving unsuitable properties vacant and pressuring property owners to provide adequate parking for their facilities.

jim7777 jim7777 2:09 pm 28 Jan 16

It shouldnt matter if its gov or private land if it says pay up !! you should … owners still pay insurances upkeep etc to provide the service … ACT gov should change the laws to what they have in los angeles dont pay or over stay get towed and have your car impounded .. then you drive out to pasedena to the yard pay the tow fee and a fine .. the longer your cars there the higher the the price gets .. helps get rid of unroadworthy cars as well …because the fine is more than the car

GoW GoW 1:58 pm 28 Jan 16

Pay up and do the right thing next time.

switch switch 11:32 am 22 Jan 16

gooterz said :

However its like going to a friends place and leaving the toilet seat up and have the government fine you for it.

Gees, don’t give this government any more ideas!

gooterz gooterz 11:04 pm 21 Jan 16

I’m not sure how legal the agreements are.

Seeing that the legalisation says that ACT gov have to officially give notice of the public areas and the price. They don’t publically state the prices of private carparks.

Private carparks give make contracts with the pubic. They let you park in exchange for money. However its like going to a friends place and leaving the toilet seat up and have the government fine you for it.

Would love to see it get tested in court.

We’ve already seen that the government stopped giving our driver details to carpark owners.

Masquara Masquara 6:50 pm 21 Jan 16

The private parking is annoying where it is 24 hours – like near Ottoman in Barton. You can’t park for free in the evenings anywhere around there.

123Bobb123 123Bobb123 5:40 pm 21 Jan 16

I agree with others. I believe private owners can “invite” ACT Rangers to monitor their car parks. There is another issue I read about a few months ago. Apparently some private operators can ask ACT Government for registered owner details when booking a car in a private car park. from what I read the operators of the new Calvary John James car park let their agreement lapse so now if you get booked there they cannot get your details from ACT Government. If that is so why would you pay a parking fee or fine if one is issued? There must be more private operators who do not have such an agreement to access ACT Roads info.

random random 1:57 pm 21 Jan 16

My understanding is that they patrol many privately owned carparks. They keep the fine revenue, but the fines encourage patrons to pay.

pajs pajs 1:14 pm 21 Jan 16

Pay up. Get a ticket next time.

dks00k dks00k 12:40 pm 21 Jan 16

Answer: Yes and I think so.

ACT Government enforces parking at numerous private carparks around Canberra including the New Acton parking you refer to along with the parking around the back adjacent to Parkes Way. Benjamin Nominees carparks in Belco are another example, Sky Plaza that I know of also.

I believe they pay ACTGOV to do so but I’m not 100% sure.

henryans henryans 11:42 am 21 Jan 16

Same as in Barton, the ACT rangers can fine if the private parking gives them permission

Bajar Bajar 11:20 am 21 Jan 16

Unfortunately they can if you were not legally parked there. The body corporate in my apartment complex often calls ACT Govt and issues fines for people not parked in legitimate spaces.

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