An Australian social media influencer recently went viral on Instagram after posting a video of him grabbing a parking ticket, issued by a private car park, off his windscreen, crumbling it and throwing it on the ground.
The user added the caption “Don’t forget: Wilson parking tickets are a psyop. Not reading that essay” making reference to the pop-culture reference of 'psychological operation', a movement made to influence people's decisions and emotions.
The comment section had a mixture of opinions, with some saying he could get summoned to court for ignoring it and others saying that it’s not actually a fine.
“The fine escalates with fees to a point that a warrant is issued and the police wheel-clamp the car until it is paid,” said one user.
“It is not a notice, it’s an invoice. Just dispute it repeatedly,” said one user.
“Wilson have no legal grounds to do anything,” said another.
But what are the actual legal grounds here, besides a $250 fine for littering?
Can a private company enforce a parking fine?
The answer largely depends on your location. Typically, a private car park cannot legally access your address to pursue reimbursement, but it’s not entirely impossible.
It’s important to read the fine print on the back of the ‘fine’, as we have previously uncovered some fines that quite literally say “this is not a fine”, meaning they are banking on your fear of enforcement to pay what is essentially an optional invoice.
Since this is a 'fine' issued by a private company, they cannot enforce the same level of punishment as you would face from a government-issued parking fine.
Consumer Affairs Victoria states: "When parking in a private car park that has appropriate signage, you enter a contract with the operator".
"Private car park operators cannot issue parking fines or infringements – these are only issued by an authorised government body. Operators may issue 'breach of contract' notices requesting payment for an alleged failure to observe the displayed terms and conditions of use. This notice is generally a claim for 'liquidated damages'."
In basic terms, this is not a fine; it's a breach of contract, which is a civil matter. The parking services may send a debt collector and issue you a civil court case.
Thanks to changes in consumer law around 10 years ago, the personal information linked to your registration is now more closely guarded. Where once private companies could easily access who owned the car, now they must apply for the information on a case-by-case basis.
Consumer Action Law Centre has stated: "In our experience, it is unlikely that a private car parking company will sue you in Victoria for one-off parking fines, despite their threats to do so. However, we have been contacted by consumers who have been sued for racking up hundreds or thousands of dollars worth of fines".
Most Australian states have regulations that either make it difficult or costly for a private company to access your information via your registration, except for Tasmania, Western Australia and South Australia.
As Downing Centre Court makes note, you should not willingly give away your information, which means do not make the first contact via the 'dispute' section on the parking provider’s website, and do not willingly give away your contact information.
"Many of the so-called ‘fines’ have a section where you can write to the company and contest them. Some people fall into the trap and send the completed ticket back, thereby giving the company their name and address. Companies can then use this information as both an admission that you were the driver at the time and to send further notices, or even in some cases to take the case to the local court and hope that you settle before the case gets to a hearing."
However, there are a few instances where you’d most likely be better off paying the 'fine'. In states that protect your information, receiving a letter from the company in the mail is usually a good indicator that the private company has escalated your case and it should not be ignored.
It's also an excellent idea not to park in the same car park with the same car if you choose to ignore the fine. Private companies are well within their rights to tow, clamp, and/or impound your vehicle if you have breached the car park's contractual agreement.
However, they cannot legally go to your house and take your car.
Zane Dobie comes from a background of motorcycle journalism, working for notable titles such as Australian Motorcycle News Magazine, Just Bikes and BikeReview. Despite his fresh age, Zane brings a lifetime of racing and hands-on experience. His passion now resides on four wheels as an avid car collector, restorer, drift car pilot and weekend go-kart racer.
