Social media has been buzzing recently about the differences in parking fines, with many people not realising some fines aren’t enforced in the same way as others.
While it’s accepted that parking enforcement officers and police have the power to issue parking fines on council land, the past two decades have seen private car park operators increasingly issue their own parking fines for those who don’t abide by their rules.
However, while the fines may appear suspiciously similar to those issued by local councils – with grave warnings for those considering ignoring the penalties – when it comes to private companies, they don’t have the same power to collect your money as government entities.
Whereas ignoring a council fine could see costs accumulate – or worse, like having your licence or vehicle registration cancelled by transport authorities – a parking fine issued by a private company is essentially a breach of contract, and can only be pursued as a civil matter.
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“That doesn’t mean you can ignore a private fine,” principal criminal lawyer Avinash Singh from Astor Legal told CarExpert.
“A company could sue you and have a court order you to pay the fine, plus interest and a portion of their legal costs,” he said.
“However, in practice, many don’t pursue small fines as the cost of suing often outweighs the fine itself.”
While a civil case may be brought on by the operator, they could also pass on your fine to a debt collector – which could potentially create long-term headaches if ignored.
In most circumstances, a carpark will display a prominent sign stating the conditions of entry, with the driver effectively agreeing to the conditions if they proceed to use the carpark. This will usually entail buying a parking ticket for an allotted period of time.
For whatever reason, if the operators deem you to have broken their rules, they can either issue you with what appears to be a fine, or you could receive something in the mail at a later date.
What happens then is up to you.
CarExpert is aware of one circumstance where the vehicle owner wrote a letter to the carpark operator to apologise for their mistake, with a promise it wouldn’t happen again – with the company choosing not to pursue the issue further.
However, if the matter does end up somewhere where civil matters are heard – such as the Victorian Civil and Administrative Tribunal (VCAT), which addresses disputes up to $10,000 – Mr Singh says drivers have several avenues of defence.
These include arguing issues like unclear signage, a lack of proper consent, or that the contract was unfair or unconscionable.
Your best bet to avoid any issues is to always make sure you agree with the terms and conditions of the carpark you’re entering, buy a ticket each time, and make sure it’s clearly displayed.
The author is not a lawyer, and this article is not legal advice. Individuals should seek professional advice from their own attorney.