Private car park fines can be a frustrating surprise, especially when it feels like you're being charged for something you didn’t expect.

But is there more to these fines than meets the eye?

Some recent legal insights challenge what we thought we knew about private parking tickets, leaving many to wonder if they really have to pay.


We've all experienced it—returning to the car after a long day, only to find a slip of paper under the windscreen wiper. But what if you're not parked on a public street?

Instead, you might find yourself with a ticket from a private company. What does this mean, and are you obligated to pay? Experts weigh in.


Under parking laws, only councils and courts had the power to issue fines. However, private companies were still able to issue tickets.

Dr Rosemary Gibson, a contract law expert from the University of Queensland, explained that by entering a car park, a driver entered into a contract with the car park's owners.

'When you go into a car park and you press the button and you get your ticket, that is when the contract is formed,' Dr Gibson said.

She also pointed out that the contract could even be formed before parking, especially if the ticket was purchased online.


Interestingly, Brisbane motorists were issued $94k in parking fines daily, with the Brisbane City Council alone handing out more than $34 million in parking tickets for the 2023 to 2024 period.

Regardless of whether parking was free, car parks had certain terms that applied, including time limits, ticket display requirements, and no-stopping zones. Breaching those terms made individuals liable for damages.

Dr Gibson noted that the contract could include predetermined damage fees. 'It's fine for parties to put that in their contract, to have a predetermined amount [of damages],' she said.


In Queensland, however, private companies were prohibited from misrepresenting these fees as fines.

Unpaid parking tickets could lead to claims being enforced in court, Dr Gibson explained. If a person lost, they would be required to pay the fine and the other party's legal fees.

But, according to Dr Gibson, it was unlikely that a company would pursue such claims.


'The cost of taking somebody to court would be higher than the fine itself,' she said.

Private companies could not threaten customers or misrepresent their right to payment.

Since February 2023, they had also been banned from accessing personal details through registration to avoid issuing potentially threatening demands via mail or phone.

In certain cases, charges could be contested if they were deemed 'grossly excessive', said Dr Gibson.

Car park owners had the right to protect their legitimate business interests. Dr Gibson stated that businesses could reasonably want a quick turnover of cars to attract more customers.

However, consumers could argue that certain terms were unnecessary for the business to achieve that goal.


Under Australian Consumer Law, any unfair term in a standard contract would be considered void.

'The terms have to be available either before or when the contract is made,' Dr Gibson clarified.

If consumers felt that a ticket was unfair, they could escalate the issue to the Queensland Office of Fair Trading.

'It's the regulator that then takes the action. It's not the consumer that needs to then sue the car park,' Dr Gibson added.

If the terms of the contract were unclear or unavailable before or during its formation, the ticket might not be enforceable.

Dr Gibson emphasized that consumers should not just accept unfair terms.

In the case of grossly excessive charges or unclear contracts, individuals had options to contest those fines.


Have you ever challenged a private parking fine, or do you think the system needs a change? Share your thoughts in the comments.