When Len Worgan received a fine for his van being left in a Newcastle car park, he had something to point out.

The van was never there, it was too big to fit through the gate.

The Newcastle West lot, known as the Spotlight car park, is operated by Victorian company Care Park.

Mr Worgan said the van’s height, log books and wheel base showed the Worgan’s Auto Parts Ford Transit could not have made it in.

He said the inspector must have taken down the licence number wrongly, and he sent the registration papers, the car’s measurements and a statutory declaration to prove it.

Care Park public relations manager Yolanda Torrisi said the $88 penalty was eventually waived, and conceded that errors were made.

In the meantime, the company sent letters requesting the money and Mr Worgan said his office only managed to talk to someone after court action was threatened.

‘‘It’s unfortunate what they’re doing to people, and there are probably more cases out there than me,’’ he said.

‘‘These people have got to be stopped because they’re probably getting pensioners or anyone.’’

Care Park’s management of the Spotlight lot has sparked several complaints to the Newcastle Herald about $88 penalties for failure to display tickets even for free parking.

Care Park is not authorised to issue fines, but its website says notices demanding ‘‘payment of liquidated damages’’ will be affixed to windscreens of offending vehicles.

Mr Worgan said the transit had not been fitted with a notice because it was not there in the first place.

Ms Torrisi said mistakes in the Care Park system were ‘‘very rare’’.

The company has been criticised by consumer groups in several states, and prompted public reminders from Consumer Affairs Victoria that Care Park is not a law enforcement agency.