Revealed: Do you need to pay private parking fines?
It is the bane of every Aussie driver’s existence and now it seems there is just no way of avoiding the pain and cost of getting a parking fine.
There’s nothing worse than returning to your car and spotting a ticket tucked under the windscreen wipers.
But one Aussie influencer recently went viral on TikTok after claiming drivers don’t need to pay a “fine” that comes from a private carpark company.
“You learn something new every day, and I’ve learned that unless this is a council-given parking fine, you don’t have to pay it,” creator Aaron Boundy told his followers in a recent video.
“One of the boys said … it’s like a mall cop trying to arrest you. It just doesn’t work. They don’t have that power.”
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Now it’s one thing to “trust one of the boys”, but is this actually true?
As tempting as it may sound, the reality isn’t quite that simple.
It’s true private operators don’t have the same authority as councils or police officers, but completely ignoring a parking fine issued by a private company can still land drivers in hot water.
Principal Criminal Lawyer Avinash Singh from Astor Legal said that refusing to pay could technically land the driver in court.
“A company could sue you and have a court order you to pay the fine, plus interest and a portion of their legal costs,” Singh said.
But most matters never get this far.
Companies will usually try a softer approach before rolling out the court threat.
Singh says his firm has never seen a private parking fine escalate to a formal court claim, with the effort and expense almost always exceeding the value of the ticket.
“The private parking fine cases we have dealt with have involved drivers not paying fines and being contacted by debt collectors. However, they have never escalated to a statement of claim being filed,” Singh explains.
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“This is likely due to the costs associated with this being greater than the amount of the fine.”
Changes to consumer laws from over a decade ago also mean it’s harder for private operators to access driver details through license plates.
In most states, they must be applied individually, which can result in a slow and costly process.
However, in states like South Australia, Tasmania and Western Australia, private companies can use a more direct approach and, in some cases, get council inspectors to enforce rules.
Another myth to point out is that it’s illegal for a company to clamp, tow or detain a vehicle without the owner’s consent, according to Avinash.
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“In order for the private car park company to clamp a vehicle, the driver would likely need to actually sign a document before entering the car park and express that they consent to their vehicle being clamped. Obviously, it is quite unlikely a driver would sign such a document,” Singh explains.
At the end of the day, a private parking ticket isn’t the same as a council-issued fine. It won’t cost you your licence. But it isn’t always safe to ignore either, especially if you make a habit of it.
Originally published as Revealed: Do you need to pay private parking fines?
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