Fitzroyalty

Hyperlocal news about Melbourne's first suburb: Fitzroy 3065

the ANCP bullies have been defeated

Update 8 February 2010: more mainstream media attention on the ANCP bullies.

Update 10 October 2008: The Herald Sun reports that Consumer Affairs Victoria has issued an alert about fraudulent fines issued by criminal car park operators.

Update 14 August 2008: The Consumer Action Law Centre are to take ANCP to VCAT over this ongoing issue of fines being issued for free parking. I hope ANCP gets kicked to the curb and covered in shit in the gutter where it belongs. I hope they go out of business. The local councils also need to resume responibility for the carparks.

Earlier this month I wrote about being the victim of attempted corporate extortion by Australian National Car Parks Pty Ltd (ANCP). Today I have received a letter from them backing down and withdrawing their illegal threats. Justice has been done. I called the bully’s bluff and the bully crawled back into the gutter it came from.

ANCP try to ‘fine’ people who forget to get a ticket for ‘free’ parking. They have no authority to issue real fines so they claim to have been commercially damaged and threaten to take people to court to recover alleged ‘damages’ unless they make a ‘payment’. I sent them a fax explaining that I had forgotten to get a ticket and had no intention of breaking their rules, then another using legal advice and form letter provided the Consumer Action Law Centre. They responded by demanding payment again.

I faxed them again stating that I refused to pay and explained that it seemed they had no legal grounds to claim damages from me. They offered free parking and that is what I received. They lost nothing but my respect. I basically called their bluff and invited them to take me to court. They lost the debate and withdrew their threats. I posted my story to the forum so hopefully other people will also find the courage to resist.

I never give in to bullies. Their threats scare most people, but most people are scared of the law and are fearful of conflict. 30 minutes reading convinced me that the law was on my side, and my capacity for conflict is greater than that of most bullies, who cannot cope with assertive responses. They expect meek submission from frightened sheep. In the face of righteous indignation and malignant fury they collapse under the weight of their own stupidity. My boycott of Barkly Square will continue until they cancel ANCP’s contract. This is the price of their betrayal of their customers.

51 Comments

  1. I just visited McDonalds in Bridge Rd, Stanmore, NSW today (June 1 2009) at just before 11am and went to the ticket machine to get a ‘free ticket’. OK, I was a bit slow at getting the ticket (no more than 2 mins), then remembered I left my wallet in the car. I went back to the car and guess what, an $80 fine. I intent to let the management of McDonalds know as well as ANCP. If this is not highway robbery, what is?

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    • It is fraud and deceptive conduct. They have no way of making you pay so please follow what I did and tell them where to stick their extortion.

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  2. Would you happen to know how the NSW law is different to Victorian law? I mean this can not be legal but I’m just unsure of the laws they are breaking/not following.

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    • It’s basically the same in NSW. Read this forum for more information. They cannot make you pay and can do nothing to you if you don’t. It’s a con that local and state governments are too lazy and stupid to fix.

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  3. As with the previous post, I just visited McDonalds in Bridge Rd, Stanmore on the 3rd of July and between being on the phone and large group of people at the entrence to the store I failed to see any signs.

    This is absolute rubbish and more needs to be done to prevent this money grabbing company from operating.

    I will fight this to the very end and I wont stop till I have justice.

    Like or Dislike: Thumb up 8 Thumb down 0

  4. If nobody pays this ANCP Australian national car parks, they wouldn’t have any money to use solicitors to threaten and intimidate. The problem is that the RTA gives them our private details which should be a breach of privacy, the RTA seem to have no power over this small scam operation called ANCP, shame on you RTA and NSW government, if you let private companies access our private information and issue fines, you might as well privatise the police and RTA too.

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  5. Re the Privacy aspect – write to your MP with a FOI request for the RTA asking for all documentation regarding the provision of your personal details, when, how and under what authority.

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  6. I have recently received the letter from ANCP stating that I was required to pay $88 by a set date, otherwise the fee will be increased to $168!

    The “fine” that I incurred was datad 2007, and the letter was received on the 13th October.
    The fine was issued at Barkley Square, which I will also boycott from now on.

    Thank you for posting this information, I will not be paying the “fine” and will challenge this letter with the ACCC.

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    • Thanks for sharing your experience – the more people speak up and refuse to be bullied by this corporate extortion the better!

      Like or Dislike: Thumb up 4 Thumb down 0

  7. I too have received 2 letters demanding $88 dollars tne a letter demanding $163 and “An intention to Sue”. I will not pay and would love to challenge them in court. I think sending me a letter after 1.5 years is absurd.

    I’m not paying them as I don;t even recall visiting that place nor do I remember who was the driver of my car.

    Like or Dislike: Thumb up 7 Thumb down 0

  8. I spoke to the RTA today, they are currently compelled by a court order to supply owners’ names and addresses of vehicles fined to ANCP. The NSW Fair Trading seems to wash off their hands over these complaints they claimed that if ANCP conditions of use displayed were not followed, fined owners will have to pay the fines or else fight them in court.

    Like or Dislike: Thumb up 3 Thumb down 2

    • The situation in NSW and Victoria is slightly different, but the same response works in both places: call ANCP’s bluff and they give up.

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  9. I’ve just recently received 2 letters too. My ‘fine’ is now up to $163 for an infringement alleged by ANCP to have occurred in September 2007. Hell can freeze over before they get a red cent out of me.

    Like or Dislike: Thumb up 9 Thumb down 0

  10. I too recently received a letter demanding payment for an alleged infringement that took place in September 2007. (safeway, Brunswick, VIC) At the time, I had thrown the payment notice in the bin, but my husband had taken it out and unbeknownst to me, paid it! Two years later they sent me a letter with their demands! I replied with a letter and evidence of payment. They have now sent me another letter, stating that the payment details I provided were credited to another payment notice that I had supposedly received. They gave no date or location concerning the 2nd “infringement” Are these people completely off the wall?? How can they take the money paid from an earler “infringement” and pay off a later “infringement” Suffice to say, they will not get any more money from me.

    Like or Dislike: Thumb up 4 Thumb down 0

  11. wow ANCP must be going through the files this October/November. I too received a notice last week informing me that I hadn’t paid a fine from early 2007! That I have no recollection of. Today I received another with the “intention to sue”.

    I have no intention of paying. Still…what to do?

    Like or Dislike: Thumb up 3 Thumb down 0

  12. Unbelievable! I have just visited our new Coles in Newport, NSW. Being a 35 degree day, I thought I’d park in the carpark below. I ran up with my 2yo to do a weeks worth of shopping & returned to find a $88 fine!! I parked at 9.30am, the fine was issued at 9.52am. I called Coles when I got home to be told that it is 1 hour free parking. I didn’t see any CLEAR or SIMPLE signs indicating you had to buy a ticket. We don’t even have to parking meters on the streets here.
    I googled ANCP, found your forum & thank you for bringing this to light. OUTRAGEOUS!
    Now, to write a complaint letter. What a waste of everybody’s time. Truly.

    Like or Dislike: Thumb up 6 Thumb down 0

    • Yes, we consumers need to hold the shopping centres more accountable for this problem. They have signed deals with ANCP and ignored their unethical behaviour for years. I have been boycotting Barkly Square in Brunswick for 3 years because of this. They need to understand that they cannot expose their customers to this problem and are partially responsible for the situation.

      Like or Dislike: Thumb up 5 Thumb down 1

  13. Well I’m doing exactly that, write a letter and shove it up their little ARSE!!

    Like or Dislike: Thumb up 4 Thumb down 1

  14. I have just received an $88 overdue demand notice from ANCP for parking in the Brunswick Safeway carpark in August 09. I don’t recall having parked there on or around the date claimed and never received any parking ticket on my windscreen. My first thought was the fine was a mistake / typo of my car registration as there is no description whatsoever of what car they claim the fine is for! I would be interested to know if anyone has officially been dragged through court to fight ANCP yet?

    Like or Dislike: Thumb up 2 Thumb down 1

    • I have not heard of anyone being taken to court by ANCP. The scam is the threat, which is enough to make most people pay. It is a con so if you call their bluff they can do nothing.

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  15. Received 2 letters from ANCP then another 3 letters from D&B Debt collection services. How many more junk letters should I be expecting ?

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    • The letters from the debt collectors are news to me – I never got one. It seems ANCP is getting more predatory. Ignore them all and seek advice from the Consumer Action Law Centre.

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  16. Reading various forums it’s been going on for a while now

    Like or Dislike: Thumb up 1 Thumb down 0

  17. I have just recd a letter from ANCP quoting my car rego related to a claimed fine for 10.38am 26Jun09 for Brunswick Market carpark. I don’t even know where that is and live down Mornington way. Checked my diary and was at home. They want $88 now or will ramp up to $163. They quote the loss & damage crap as per previous letters but must have just plucked our rego out of the RTA files to support their scam income. I tried to ring but after some time in the busy queue they said to ring back. Their processes are very dodgy!!
    Why would a Brunswick carpark be given over to a scam operator in Annadale NSW? This whole response demand by ANCP is just a big waste of my time. Thank you to Fitzroyalty for bringing this scam to my attention.
    On a positive note I recently travelled into town via Johnson St and notice quite a revival of Fitzroy with new shops, apartments & spas.

    Like or Dislike: Thumb up 2 Thumb down 0

    • ANCP has taken on numerous contracts to manage car parks owned by local governments. The problem is that the local councils appear to have failed to do any due diligence on the subcontractor and refuse to take any responsibility now. It is happening in multiple locations in Victoria and NSW.

      Like or Dislike: Thumb up 4 Thumb down 0

  18. So glad I found this site as I coped a $88 fine just last week 9/12. I was parked in the underground parking area of Saint Margaret’s on Bourke St, Surry Hills, Syd. It is also a free 1 hour parking as it is located directly next to Woolworths. It was Woolworths who told me about it and so I have been parking there the past couple of weeks. On one occasion I noticed a lady angry and frustrated and looking for an attendant to speak with. I tried to help but we couldn’t find anyone.
    When I received my fine I went to the notice board and read the fine print which stated you could only park once per day for the free hour and it just so happened after parking there the first time to visit my Doctor I had to return as I had forgotten something and that’s when I found the fine on my windscreen

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  19. This is so wrong. On Wednesday 27th Jan, 2010 I went into Liverpool Private Hospital for day surgery. My husband was told he could park in a pickup zone which had a five minute limit. Due to only one nurse being on duty, it took 15 minutes to complete my release forms. So, guess what was under the car wiper when we got back??? Yes, a ticket for $88. They told me that I should write them a letter, but from what I have read above, it doesn’t mean a thing. Should I just ignore it or what? Can anyone give me some advice?

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  20. This situation cannot be compared to the general parking sitation because the circumstances are clearly different.

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  21. hey guys, reading these posts i hardly need to explain the situation but ancp sent me a colorful letter demanding 88 dollars, i dont intend to pay, but if i take no action at all, dont wirte a letter etc. can they then take legal action?

    Like or Dislike: Thumb up 0 Thumb down 1

    • They can but they don’t – it’s the initial threat that makes them money, and they don’t want to take legal action because that would cost them more. It’s a clear and simple con that our insipid local and state governments refuse to take responsibility for creating.

      Like or Dislike: Thumb up 1 Thumb down 0

  22. ***IMPORTANT***DO NOT PAY***COMPLAIN TO THE RETAILER***
    8 months of to & fro communications with this organization of losers has finally come to an end. Last Friday 23 April received an email from ANCP advising they have withdrawn their demand for payment. Despite numerous requests for them to prove I did not have a valid ticket did not stop them from pursuing me. So, I wrote a letter to Woolworth’s advising them I have boycotted their Murray Road, Preston (and any other Woolworth’s store), until they made this issue ‘go away’ – so they did. Unfortunately for Woolworth’s, I have found a better way to shop and only use Woolworth’s for specials and oddities – Thanks Woolworth’s!!!!

    Like or Dislike: Thumb up 1 Thumb down 1

  23. My husband received the initial Intention to Sue after a couple of years earlier this year. I sent back the fine with copies of info I had researched on the internet re the scam. We didnt hear anything back but yesterday he received a letter from a lawyer saying they had lodged a claim for over $800 at the Burwood Court. What should we do? Any comments would be appreciated.

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  24. Flora, your situation may be unique as Burwood is close to their headquarters in Annandale. I suppose for them to send a company lawyer down the road is break even/profit situation (if they even bother showing up). I wouldn’t think they would take anyone from other states to court but who knows. Keep us informed Flora.

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    • I have not heard of anyone being taken to court or being forced the pay the breach of contract ‘fine’. The scam is in the bluff, in the fear created by the threat of being taken to court.

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  25. How interesting. I think these guys extorted money out of my mum for “free” parking in Springvale. She also didn’t realize you “needed” a ticket. They probably love areas highly populated by people from NESB too.

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  26. Amanda, You would be interested to know that ANCP is at Fairfield and Bankstown in Sydney. Both areas which have a relatively high proportion of people of “Non English Speaking Background”. They are probably seen as soft targets.

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  27. Hi, this website has a lot of information on fines from private car parks. http://sites.google.com/site/unfairfines/
    It has an faq page that gives you options if you receive a fine or a letter of demand from a private car park company such as Australian National Car parks.

    Like or Dislike: Thumb up 1 Thumb down 1

  28. i got booked today at aldi,fairfield,sydney for not displaying a handicap sticker,funny thing is,i was not in a handicap zone.ancp must be very desperate for money,or stupid.i intend to fight this matter to the very end,i will not pay for something i am not guilty of,even if it means i go to goal,i spent 2 years in vn laying my life on the line for my country in 1968 to have cretons like ancp try to rob me of my money this late in my life ,the thing who booked me probaly seen me pull up and thought this old bugger wont arc up its hard to beleive that this can go on in this day and age,says a lot for this country now and the goverment i fought for over 40 years ago

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    • Just refuse to pay. They trhen don’t do anything. They rely on scaring you into paying without complaining.

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  29. i do not intend to pay 1 red cent,if need be i will put it in the hands of the v affairs and have their legal staff help me out.thanks brian

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  30. I received a fine today from Barkly square. I have no intention of paying the fine, and having too much time on my hands i called their “call centre” and spent the past hour wasting their time asking which court legal procedings would be in, asking to talk to a manager/supervisor and asking who their legal team was. Four phone calls and $1 later i am now a very satisfied customer. Surely harrassing their staff will convince them to quit.

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  31. I was issued $88 ticket at woolworths Murray road Preston. I definitely won’t be paying. But what about the old folk who are not resourceful enough to look into a matter like this. I just hope the sting from such a ridiculous fine will propel them to go and ask their local mp about it.

    On a brighter note, gee it’s nice not to be alone when you fall into one of these scams. Take care

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  32. I fail to see how there can be a breach of contract in instances when parking is being offered for ‘free’.

    I might be wrong, but I always thought that a contract was enforceable when an exchange of consideration has been agreed upon. Here you have a situation where parking free and consideration has not changed hands because parking is offered for free. Could consideration in this case be the agreement to to the condition which requires the ticket is displayed?

    The fact that it’s made to look like a legitimate fining process is in itself a fraud because private entities cannot issue fines as such. I hope someone is made accountable for the release of the government data (namely the private names and addresses) and ends up facing a class action of sorts.

    Either way it all sucks. That’s why I go out of my way to park outside these stupid car parks. A good walk is better than the aggravation.

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  33. I have included a link parking “businesses challenged by law” for issuing fraudulent parking fines. It also contains locations of the aforementioned scoundrels. Makes for interesting reading.

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  34. I too , have copped this ridiculous infringement notice as a punishment for being slow from my car to ticket machine and back to my car … obviously swooped upon the moment I had my back turned . My message to same folk … DONT PAY !!!

    FUCK THEM … IT WILL BE OVER MY DEAD BODY , I HAND THEM A CENT OF MY HARD EARNED MONEY .
    I HOPE THE SMART ARSE CUNTS READ THIS MESSAGE … FUCK YOU

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  35. I’ve boycotted Barkley Square for exactly the same reason. I haven’t set foot in that shopping center for two years, I now drive to Moonee Ponds or Union Square in West Brunswick. I used to go to Barkley Square weekly – I walked there. The one particular day I drove – parked – I spent over $400 in various stores but mainly coles and K-Mart. I arrived back at my car to be greeted by this parking fine. I was furious. I marched straight to the shopping center management and complained and they said ‘they’d take care of it’.

    By ‘taking care of it’ I presumed they meant I wouldn’t be fined – but no – I received a follow up letter stating the amount had gone up to nearly $200. I wrote a letter to ANC and copied my MP and Consumer Affairs and heard nothing from them again.

    As long as Barkley Square has a contract with ANC and continue to ‘betray their customers’ (as Brian so aptly expressed it) I will never step foot in there again. Fight back people.

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