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Private Area Car Parking - Phoenix Plaza and Gawler Central Shopping Centres

It recently came to the attention of Council that an administrative oversight occurred in relation to the Private Areas Parking Agreement between Gawler Retail Pty Ltd and Town of Gawler for the monitoring of the Phoenix Plaza Car Park.

It is important to note that Council’s car parking monitoring on public roads is not affected.

The Private Areas Parking Agreement between Gawler Retail Pty Ltd and Town of Gawler for the monitoring of this private car park, on behalf of Phoenix Plaza Centre Management, lapsed on 23 June 2016. However, Council continued to monitor this facility on behalf of Phoenix Plaza Centre Management in good faith and in accordance with the designated Private Parking Areas Act 1986 signage displayed.

In light of this oversight Council has commenced a wider review of all its Private Area Parking Agreements. This has identified a similar issue involving Gawler Central Car Park, spanning an 8 week period from 1 July 2018.

As a result, Council has chosen to waive all outstanding expiation fees issued at both of these facilities during these periods, and to reimburse fees paid on request. This does not include any Expiation Notice issued during this period, or any fee paid, relating to an alleged offence involving a dedicated disabled car parking spaces. Any dispute in this regard will be processed on a case by case basis and in accordance with Council Policy

“Council agrees to monitor private area car parks on behalf of a number of local businesses to ensure compliance with the restrictions imposed by those businesses. This service ultimately benefits the local business, their staff and the wider community who choose to use that business,” said Council’s Chief Executive Officer, Mr Inat.

Mr Inat goes onto say “While the restrictions imposed by these businesses, such as permit zones, are designed to assist with customer convenience and are also driven by a desire to provide greater accessibility for people with impaired mobility and to address issues of safety for staff working at night.”

Both Phoenix Plaza and Gawler Central Centre Management have expressed an ongoing desire for Council to continue monitoring their facilities to ensure compliance with the relevant signage, including the entry signage to the car park erected under the Private Parking Areas Act 1986,” said Mr Inat.

“While this administrative oversight is very disappointing, at the request of both Phoenix Plaza and Gawler Central Centre Management Council is in the process of establishing new agreements under the Private Parking Areas Act 1986, and has implemented improved internal processes to better notify both parties when agreements are due to expire. The monitoring of private area car parks, is an important service provided to local businesses by Council when requested, and contrary to statements made by Tony Piccolo MP, Council does not charge a fee for this service” said Mayor Redman.

Council has in the interest of open and transparent decision making in this regard resolved at its meeting on Tuesday 28 August to release all reports and attachments, including legal advice received, in this matter. This information is available on Councils web site

Mayor Redman further states “Council acknowledges that an administrative oversight did occur and has chosen, in these particular cases and in good faith, to reimburse any fee that has been paid on request. This demonstrates a proactive and flexible outcome by Council in this particular case.

Mayor Redman further details “ Persons who have received expiations at either the shopping centres during the periods detailed are encouraged to contact Council providing details of the expiations issued (eg copy of the expiations, receipt of payment and or vehicle registration details) and the fines will be reimbursed”

Mr Inat also advises that “No further car parking monitoring will occur at either Phoenix Plaza or Gawler Central until new car parking agreements are signed. Once in place, this and all other private car parking monitoring arrangements, will be conducted in a manner such that the validity of all such expiations are appropriate and enforceable”.

If you believe you received a parking expatiation at either of these two locations, during the periods specified above, you are engaged to contact the Town of Gawler on 8522 9211