Disputes Tribunal - Wilson Parking
I'm taking a parking 'fine' (breach notice) to the disputes tribunal as it's clearly wrong, and Parking Enforcement Services (a division of Wilson Parking) do not even review the appeals, you just get a standard letter back.
Does anyone know who I should be putting down as the organization contact? Is it just one of the directors from the companies register? They don't answer phones and they make it hard to get in touch. (also seem dodgy as being headquartered in Jersey and the Virgin Islands)
Posted May 23, 2023, 4:02 AM UTC
546
Don't. You run a real risk in losing. Therefore you'll have to pay the $45 filing fee as well as the $65 fee they request. You should insist they take you to tribunal instead.
https://www.reddit.com/user/123felix/comments/12slyco/how_to_beat_a_parking_ticket_101/
I've never understood why people who (allegedly) owe money do this.
Just say "I dispute this debt", and then the claimant is powerless to enforce it without a court ruling
It's not my responsibility to take the police to court to prove I didn't murder someone -- that's on them
Yep they are the one saying you owe them money, let them take you to court.
they are not disputing it, can pass the debt to a collector instead
IMU Only if it's a debt. If you dispute it, some one else has to make that judgement
No they are not powerless. All they are required to do is consider the reasons you are disputing the charge. They are still fully entitled to proceed with collection (including lodging a default) after doing this. They do not need a court ruling to complete this. The only time they would need that is if they are trying to secure a judgement or potentially a salary/wage deduction order.
This is false. It's illegal to report a debt in dispute to a credit reporting agency as a default, and illegal for a credit reporting agency to report a debt in dispute as a default.
Plenty of substantive rulings on this by the Privacy Commissioner
You are fundamentally incorrect on this point.
The only obligation on the creditor is to consider your dispute. If they consider your claim and do not believe it has any merit they most certainly can default you. It does expose them if their argument is weak or unsound but again they would make that decision based on the strength of the dispute. It is then up to you as the individual to take the creditor to the disputes tribunal or initiate legal proceedings if you disagree;
https://comcom.govt.nz/consumers/dealing-with-typical-situations/debt-collection
- If you do not think you owe the debt, or you think the amount is wrong, you can tell the debt collector and explain why you think this is. They need to consider this and tell you whether they agree or not.
- If the debt collector still says you have to pay, you can ask the Disputes Tribunal or the court to decide whether you should pay.
It is patently absurd that you think a tribunal determination is needed to resolve every debt, it would become impossible to enforce any debt in NZ if that was the case. Yes if you have a very strong claim or defense against the debt they would be foolish to proceed with the collection of the debt but creditors have established processes to review disputes and make these kinds of decisions every single day.
You have to have a legitimate dispute for that to be the case. Just saying “I dispute the debt” does not mean the debt is disputed. They are fully entitled to default you if that is all you said (as you have posted). The onus would then be on you to prove (via the disputes tribunal or court for a larger amount) that the debt is not due. It bizarre that you think just saying “I dispute the debt” is some kind of magic phrase. A dispute needs to be in writing and have clearly defined rationale behind the dispute.
Also: "If you dispute your debt because you don't think it's accurate — or you apply for hardship — debt collection and repossession must stop until these issues are resolved."
https://www.consumerprotection.govt.nz/help-product-service/borrowing-money/debt-collection-repossession/
Consumers in most of these cases have more power than they think. It's remarkable, I know, but it's true.
You understand you have to provide a written reason to dispute the debt right?