On Friday 13th April 2012 in the Supreme Court of Victoria, Associate Justice Gardiner handed down judgement against Ace Parking and Parking Patrols (Vic) Pty Ltd, who had been charged under the Victorian Fair Trading Act with:
- Misleading and deceptive conduct
- False and misleading representations
- Harassment and coercion
Consumer Affairs Victoria alleged that the operators of these car parking companies - Mr Kevin English and Mr James English - breached the Fair Trading Act 1999 by:
- Issuing `fines’ to consumers with no legal authority;
- Harassing consumers if they failed to pay; and
- Illegally threatening legal action, including `prosecution.
The Court found that these companies and individuals contravened Part 2 of the Fair Trading Act by engaging in:
- misleading and deceptive conduct
- false and misleading representations
- and engaging in undue harassment and coercion.
The Court stated that that the conduct of the defendants, in addition to illegally demanding payments, was a source of inconvenience and anxiety to the persons who were the subject of the demands.
The court ordered the companies to pay back any money they had received from fines, and to pay additional compensation of $300 for each person that was represented in the court by Consumer Affairs.