An Australian driver’s $66 parking fine, issued outside a Queensland shopping centre, has sparked renewed discussion about the enforceability of penalties from private car parks.
The handwritten parking ticket was issued by a company named Park Hub earlier this week at a Home Co. store in Richlands, an outer southwest suburb of Brisbane. According to the invoice, the vehicle had “breached the displayed terms and conditions” of the car park. Park Hub stated that if the payment was not settled within 28 days, “administrative fees of $40 will be applied,” and the owner’s details would be sought to settle the payment.
The shopper shared photos of the ticket online and asked for advice, questioning whether the fine was legitimate.
Online commenters advised the shopper to avoid paying the fees, stating that the fine was not enforceable. One person suggested, “You could ignore it,” while another added, “You won’t get in trouble.”
So, do drivers have to pay tickets issued by private car parks?
Lawyer Avinash Singh told Yahoo News that the law around fines from private companies is “a bit murky.” He explained that if a person doesn’t want to pay a parking ticket from a private company, they effectively don’t have to. If someone avoids paying, Singh said, “generally, not a lot can happen.”
He noted that it’s unlikely the car park company will take a person to court. “If a person’s only paying $20 or $30 or even $50 [in fees], it’s usually not worth the car park company taking a person to court and expending on legal fees,” he said.
To enforce the ticket, a private parking company must have clearly displayed their terms and conditions before a driver enters the car park, according to lawyer Lauren Cassimatis. She added, “And when you enter the car park to use the facility, that’s when you enter the agreement.”
However, if there is no clear signage outlining the details, it could mean there is no valid contract, and thus no legal obligation to pay.
Many issues can be resolved directly with the private company, but if the matter escalates, private parking companies can refer unpaid fines to debt collectors or pursue the issue through the state tribunal.
Cassimatis urged drivers to be cautious and aware of their surroundings, as private parking notices are claims for breach of contract. She warned that if a driver is taken to court and the court believes the person has been deliberately avoiding payment, “costs can escalate beyond the original fine amount and include court costs and legal fees.”
To avoid such situations and possible court action, drivers are encouraged to read signs and understand the terms and conditions when entering a private car park.
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Singh warns people who receive a parking ticket to first check who issued the ticket, whether it’s the council or a private company. It’s also worth checking if the car park is council-managed land, because if it is, the fine may be enforceable through the local council.
Any fine or fee issued by a private car park company would not go on a criminal record, Singh assured people. However, if a fine is issued by the council or other government body, “that’s when there’s a potential for it to go on a person’s criminal record.”
He warned that private companies often issue tickets in a manner that suggests they are council or government-issued when they are not.
In the case you are ever confused, he suggests speaking to a lawyer.
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