We at Public Defender are keen to follow the stories of people who challenge the legitimacy of these ANCP us about what has happened to you here and leave your contact email in the relevant field so that we can keep in touch.
Also, if you have information you think can help others in this predicament please share it.
Below is further information about the NSW Government legislative plan, Labor tentative backing for that plan and NSW Fair Trading understanding of the relevance of the Victorian court decision, as well as the information provided to me by Roads and Maritime Services.
A spokesman for Roads Minister Duncan Gay told Public Defender: whole of government approach is required on this matter to find a sensible solution that balances commercial needs and privacy. We have spoken to the Opposition in relation to this matter. They have agreed in principle with a whole of government approach. RMS has commenced preliminary discussions with the Attorney-General department to consider appropriate legislative options. Roads Minister Robert Furolo told Public Defender: NSW Opposition supports better protection for motorists who are unfairly penalised and then harassed by private parking companies. We are yet to see the detail of the Government proposal and will be looking to ensure that driver rights are strengthened under the changes. spokeswoman for NSW Fair Trading told Public Defender: Trading acts to ensure car park operators clearly communicate parking fees and conditions at the point of entry to car parks. In 2010/11 Fair Trading investigators inspected more than 90 carparks around Sydney and in regional locations, checking on signage at entry and exit points, hourly and daily rates and terms and conditions on display. Any operators whose terms and conditions were found to be unclear, were advised to improve signage and business operations. As a result carpark complaints to Fair Trading decreased significantly. A recent judgement of the Supreme Court of Victoria re ACE Parking dealt with the responsibilities of car park operators under the Australian Consumer Law. NSW Fair Trading, along with other ACL regulators, is considering the implications of this decision for the way in which paid car parking is provided. Something decided under Part 2 of the Fair Trading Act 1999 (Vic) applies outside Victoria, because near-identical provisions apply under the ACL in relation to engaging in misleading or deceptive conduct and making false and misleading representations. RMS spokeswoman told Public Defender: and Maritime Services (RMS) understands privacy is of critical importance to its customers. RMS is required by law to keep motorists personal information confidential and not disclose it unless ordered by a court or otherwise permitted by law. The agency has previously appealed a decision of the Local Court to disclose the names and addresses of people who have allegedly breached the terms and conditions of car parks managed by Australian National Car Parks (ANCP). RMS sought leave to appeal to the Supreme Court but was refused. RMS also recently appealed a similar matter to the NSW Court of Appeal. On 9 March 2012 the Court of Appeal advised it agreed with the findings of the lower courts and required RMS to release the motorist details. In light of the Court of Appeal decision RMS has not appealed any other matters. RMS is required to comply with the order of the Local Court and release the information. Affected customers have been sent a letter from RMS explaining their details are being released by order of the court. Funds claimed by car park companies are not fines and RMS advises customers to seek professional advice. To date Roads and Maritime Services (RMS) has issued about 19,000 letters to customers explaining their details are being released by order of the court apollo dirt bike parts.
A further 40,000 letters will be sent in the future. As more orders from the court are received by RMS, more letters will continue to be sent to customers.
We at Public Defender are keen to follow the stories of people who challenge the legitimacy of these ANCP us about what has happened to you here and leave your contact email in the relevant field so that we can keep in touch.
Also, if you have information you think can help others in this predicament please share it.
Below is further information about the NSW Government legislative plan, Labor tentative backing for that plan and NSW Fair Trading understanding of the relevance of the Victorian court decision, as well as the information provided to me by Roads and Maritime Services.
|