Question 1

Are parking breach notices enforceable?

Accepted Answer

Yes. These notices are enforceable.

Question 2

Are you allowed to issue me with a breach notice?

Accepted Answer

Yes. The car park is private property and is operated by us at the request of the property owner for the purpose of monitoring and enforcing the rules of vehicle access and use. By entering the car park and parking your vehicle, you accepted, and agreed to be bound by, the Terms authorising and applicable to your use of the car park which are communicated via the clear signage at the car park site. We ensure that all our sites and signage is clear and visible. As you have breached your obligations under the Terms, we are entitled to issue you with a breach notice setting out a fee that reflects our actual and reasonable costs in enforcing the Terms.

Question 3

How did you obtain my name and address?

Accepted Answer

You may have provided your details to us previously. We can also obtain registered owner details from the NZTA Motor Vehicle Register. We have authorised access to this information for the purpose of enforcing the Terms applicable to the use of our car parks.

Question 4

Is the car park not public?

Accepted Answer

No. Our car parks are privately owned, and visitors are permitted to use the car park for legitimate purposes as specified on the car park signage, so long as it doesn’t exceed the time paid for (for paid sites), or sign posted time limits, and is not in breach of our car park terms and conditions (Terms).

Question 5

Why did I receive a breach notice?

Accepted Answer

Your use of the car park is bound by our Terms which can be found on the signage at the site. You have received a breach notice because you have breached these Terms.

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