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Hibiscus Coast residents are increasingly getting caught out by automatic parking cameras, which enforce strict time limits in private car parks.
These systems use Automatic Number Plate Recognition (ANPR) to record when vehicles enter and leave. If you stay even a few minutes over the free parking limit, an infringement notice is issued automatically, often demanding $65, and in some cases up to $85 in fines.
Hibiscus Matters regularly receives emails from Coasties, saying that these punitive fines arrive as a nasty surprise in the mail, turning a quick shopping trip into a costly lesson.
Hot spots around the Coast include the New World carpark in Ōrewa, and the Nexus carpark next to Centrestage Theatre.
Recently a volunteer firefighter got caught out when he parked in a private carpark on Whangaparāoa Road during a callout. Seeing the empty carpark in the early hours, he thought it would be safe to leave his car there, not realising it was monitored 24 hours. He was hit with an $85 fine, despite explaining to the company he was attending a boat fire.
As private parking companies make their money from drivers overstaying time limits, there is little leniency, even if you’re a minute late.
However, the firefighter’s fine was later reversed, following pressure from businesses and the community.
The companies justify the high fines by claiming they cover the costs of monitoring and enforcement, but consumer advocates argue a $65 charge for a brief overstay is disproportionate. By comparison, Auckland Council parking fines for minor overstays are $25 for overstaying for more than 30 minutes up to 1 hour.
Consumer advocates say the standard $65 private breach notice far exceeds any actual loss to the carpark owner, especially in free car parks or half-empty lots. However, legally, the moment you drive onto private parking property, you’ve accepted the posted terms and conditions. Landowners and parking firms have the right to enforce stated rules, such as time limits and fees, as long as signs at the entrance or parking area clearly spells them out. Unfortunately, many drivers don’t notice the fine print on signs (especially in bad weather or at night) and accidentally violate the terms.
Beyond the strict timing, consumers have also reported errors with ANPR enforcement.
On a New Zealand reddit post about the parking system, a driver detailed how they had received a ticket alleging an overnight stay as the system had recorded his car’s two separate visits on consecutive days as one continuous stay.
In another instance, a driver who drove through a monitored car park twice (to drop off and later pick up a friend) was shocked to be accused of parking all day. He challenged the ticket at the Disputes Tribunal and won after the operator couldn’t produce any photo of his car actually parked beyond the allowed time, only of it entering and exiting. These examples highlight that the technology isn’t foolproof, and mistakes can cost innocent drivers unless challenged.
One Hibiscus Coast visitor told Hibiscus Matters that he had successfully had his ticket reversed when he asked the issuing company to prove he was parked in the carpark. He says that as they couldn’t produce images of his car actually parked but only of him driving through, the Disputes Tribunal ruled in his favour.
Breach notices are often written in intimidating language, demanding urgent payment and with threats of debt collection. Consumer advocates advise that while a ticket is under dispute, debt collectors legally cannot pursue you, but it’s crucial to act promptly and not ignore the notice.
Here are some tips to avoid getting caught out, or to deal with a private parking ticket:
Always read the signs when you enter a car park. Note the time limit and any fees or conditions. Knowing the rules upfront helps you stick to them.
Keep track of your parking time. Set an alarm on your phone if needed, to ensure you leave before the free period expires or your paid time runs out. Remember to allow time to get to your car and exit before the time is up.
Consider “opting out” of the vehicle registry lookup. The NZ Transport Agency allows you to prevent private firms from automatically obtaining your address via the NZ License Register, and places a greater onus on them to prove a breach. You can opt out online – all you need is your driver license number and car registration number. https://transact.nzta.govt.nz/transactions/PersonalInfoAccess/entry
If you receive an infringement notice, don’t panic but don’t ignore it. Under the voluntary Code of Practice for Parking Enforcement on Private Land, you have the right to request photographic evidence of the alleged violation. If the company cannot provide time-stamped photos proving your car overstayed (for example, a picture of your vehicle in the car park beyond the allowed time), the ticket is unenforceable and must be waived.
Examine any evidence provided. If photos show your car but with many empty spaces around it, that undermines the parking company’s claim that your extra minutes caused them a loss. This can strengthen your case if you choose to appeal.
Appeal promptly, if you believe the fine is unjustified. Explain your side and include any proof (receipts, timestamps, witnesses).
Use the parking company’s official appeal process on their website, don’t email or try to phone as this appears to be ineffective.
If you feel it is unfair but get no satisfactory resolution from the parking company, you can take a claim to the Disputes Tribunal, although currently it costs $61 to lodge a claim for under $2000.
The business model behind these systems relies on people slipping up, so the best defence is to park by the rules and be aware. If you do get an unfair ticket, know your rights and don’t be intimidated – ask for evidence, and appeal if justified.
