Top doctor cops legal threat over parking
A FORMER Queensland Australian of the Year has been threatened with legal action for challenging a parking fine on a private Broadbeach street.
He cannot walk and had displayed his disability parking permit on his car.
Dinesh Palipana, a quadriplegic after suffering a spinal cord injury in 2010, was slugged $88 early last week after parking at Oracle Boulevard.
Wheelchair users do not have to pay for parking in council spots if they display their disability parking permit. No such exemption applies for on-street parking at the Oracle, which costs $8 for one hour or $15 for two hours.
The street is owned by the Makris Group and managed by a Victorian company called Care Park.
Dr Palipana said because signage is similar he mistook the road for a normal councilcontrolled street.
“I got caught out,” he said. “I went back afterwards and had a closer look. When you enter the boulevard there is a sign in small writing that does say private parking, but along the boulevard there’s nothing that I could see.
After appealing the fine, Dr Palipana said he was rebuffed and threatened with legal action if he did not cough up.
“The response was firmly worded. It outlined the subsequent legal actions that can be taken, noting that the decision was final,” he said.
“I wrote a response, copying in the Queensland general manager of the company noting that I would appeal the decision to the Human Rights Commission. This was because I felt that there was insufficient signage to know that normal council parking rules do not apply, particularly to people with disability.
“The general manager wrote back, stating that I should have read the signs (and) that the parking fine would not be waived.
“My emotional reaction was so strong because I have so much trouble parking, even with the permit.
The general manager wrote back, stating that I should have read the signs (and) that the parking fine would not be waived. Dinesh Palipana
“One time I parked nearby on a separate street, and I put my permit up. Then I came back and someone was letting my tyres down … They said it’s because you don’t have a permit and I said my permit’s on the dash.
“I’m not going to park there again. Life is complicated enough when you use a wheelchair. If there’s a risk that something will complicate it further you want to avoid it.”
Paul Whitsed says he also received an $88 fine, despite actually paying for parking, because the ticket fell from the dashboard of his car.
Care Park require the ticket be clearly displayed.
He appealed the penalty, providing proof he had paid, but was also threatened with legal action.
“Basically, I sent them back the ticket with my registration number on it and with the payment and got a letter back saying, ‘you haven’t paid it, you haven’t met our terms and conditions, pay this or it’s going to double and then we’ll see you in court’,” he said.
“I’m going to take it to court. It was bullying behaviour really – tough luck, you’ve paid, but we want another $88 from you.”
Mr Whitsed said he and his wife had been regular diners at Oracle restaurants, but would not be returning after their experience.
The Bulletin sought comment from Oracle Boulevard management and parking managers Care Park. No response was received by time of publication.