'Not enforceable': Aussie rants about 'bizarre' shopping mall fine

Apparently, there's one parking ticket loophole that means you can actually ignore the 'fine'.

2 min read

October 8, 2024 - 9:59AM

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An Aussie woman's annoyance at being fined $65 for parking longer than allowed at a shopping centre has sparked a debate about whether 'fines' issued on privately-owned property are legally enforceable.

The Perth local expressed her frustration on Facebook after being fined last week at the Galleria complex in the northeast of the city.

"Anyone received a parking infringement at the Galleria? I have shopped and parked there for 24 years and never had a ticket," the woman said in her post.

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Image: Reddit/Facebook

Is parking "free" in this shopping centre?

The woman didn't mince words in her post, which featured a screenshot of the shopping centre's website saying there was free parking for customers.

However, the Galleria told Yahoo News, "Shoppers can only utilise the complimentary parking for under three hours — and under five hours in some parts of the centre."

They said that overstaying the limit was punishable and that clear signage expressing this was prominent throughout the car park.

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"They cannot be enforced"

The woman's ticket, which she also attached a photo of, stated that she was fined for exceeding the three-hour limit.

But in the debate in the comments, opinions were divided on whether the fine legally had to be paid.

"You are not legally obliged to pay these sorts of fines, they cannot be enforced," one user argued.

"Check the back of it, it will say this is not a fine. I have never paid a Wilson's parking ticket and there have been no issues," someone else chimed in.

"Don't pay. They are not the police. Private security. Tear up and bin. Bloody joke," quipped a third.

Others pointed out that "only statutory bodies have the power to issue fines," such as the police, transit officers, parking rangers, and the RSPCA.

Despite this, others claimed that while the 'fines' aren't legally enforceable, they can "deny you from parking there again".

"They can advise you that you are not permitted on their private land (same as if you were to refuse access to property owned by you to a person). Catch you there and it's a trespass," someone wrote.

So, are they enforceable?

According to the Parking Enforcement Services, Australians might receive a "breach notice", which may look like a fine "because there has been a breach of the contract agreed to when entering the car park."

"You are able to appeal a breach within 21 days of receiving the breach notice."

To avoid a breach notice, PES advises people to consider the following:

"Plan ahead – Arrive early for scheduled appointments, so that you are not rushed looking for a space to park and to make payment.

"Be aware of terms posted in the car park, as parking products, times and rates will vary from location to location.

"Be aware of where you have parked, making sure that you have not parked in a restricted area or one only available to specific eligible drivers such as a Reserved Bay or a Disabled Bay.

"Consider a Monthly Subscription. If you regularly park in the same car park, then a monthly parking permit may be the ideal solution. Contact your Parking Operator for more details."