Does this parking loophole really work? Expert weighs in on the discussion
- Replies 14
Navigating the world of parking fines could be a tricky road for Aussie drivers.
This rings true, especially when it comes to distinguishing between penalties issued by local councils and those from private companies.
A recent incident sparked another discussion about the enforceability of privately issued fines and its possible loopholes.
A Perth-based driver recently received a $77 parking fine at Bull Creek Shopping Centre.
The driver's predicament had many drivers wondering: what should they do when faced with a parking fine from a private establishment?
Is it as simple as tossing the notice in the bin, or are there hidden dangers to such an approach?
The driver immediately took to social media to seek advice after being fined for parking without a permit.
The driver's question received a flurry of responses from fellow Aussie motorists.
The majority of this advice told the driver to ignore the notice.
This advice was based on the belief that private parking fines lack the same legal weight as those issued by councils.
However, lawyer Hayder Shkara issued a stark warning against this seemingly cheeky loophole.
Shkara clarified in an interview that while private parking fines are indeed different from the council-issued ones, ignoring them could still carry significant risks.
When drivers park their vehicles in private car parks, like those of a shopping centre, drivers enter a contract with the private entity that owns the area.
This means drivers agree to abide by the car park's terms and conditions.
Failing to do so could lead to a 'breach notice', as experienced by the Perth driver.
Shkara also explained that to enforce these fines, companies must take civil action.
'If you don't pay, the terms and conditions say that they will send a reminder letter with extra fees,' Shkara said.
'If you keep ignoring it, they may refer the matter to debt recovery, adding further costs. They can also access registered owner details to chase payments.'
While legal action may not always be pursued, Shkara warned that if debt continues to grow due to 'administrative fees', it could be substantial enough for debt collectors to take the matter to court.
So, what's the best course of action for drivers who find themselves in this situation?
'It's best to appeal rather than ignore it,' Shkara advised.
'Otherwise, you can choose to pay or take the risk of ignoring it, knowing the possible consequences.'
Parking fines could be a source of frustration, particularly when they seem excessive.
If you're unsure about a fine, please seek legal advice or contact the issuing company to discuss your options.
Have you ever been caught in a parking fine dilemma? Did you pay up, appeal, or ignore it? Share your experiences with us in the comments below.
This rings true, especially when it comes to distinguishing between penalties issued by local councils and those from private companies.
A recent incident sparked another discussion about the enforceability of privately issued fines and its possible loopholes.
A Perth-based driver recently received a $77 parking fine at Bull Creek Shopping Centre.
The driver's predicament had many drivers wondering: what should they do when faced with a parking fine from a private establishment?
Is it as simple as tossing the notice in the bin, or are there hidden dangers to such an approach?
Car park rules in private establishments need to be recognised and followed. Image Credit: Pexels/Stephan Müller
The driver immediately took to social media to seek advice after being fined for parking without a permit.
The driver's question received a flurry of responses from fellow Aussie motorists.
The majority of this advice told the driver to ignore the notice.
This advice was based on the belief that private parking fines lack the same legal weight as those issued by councils.
However, lawyer Hayder Shkara issued a stark warning against this seemingly cheeky loophole.
Shkara clarified in an interview that while private parking fines are indeed different from the council-issued ones, ignoring them could still carry significant risks.
When drivers park their vehicles in private car parks, like those of a shopping centre, drivers enter a contract with the private entity that owns the area.
This means drivers agree to abide by the car park's terms and conditions.
Failing to do so could lead to a 'breach notice', as experienced by the Perth driver.
Shkara also explained that to enforce these fines, companies must take civil action.
'If you don't pay, the terms and conditions say that they will send a reminder letter with extra fees,' Shkara said.
'If you keep ignoring it, they may refer the matter to debt recovery, adding further costs. They can also access registered owner details to chase payments.'
While legal action may not always be pursued, Shkara warned that if debt continues to grow due to 'administrative fees', it could be substantial enough for debt collectors to take the matter to court.
So, what's the best course of action for drivers who find themselves in this situation?
'It's best to appeal rather than ignore it,' Shkara advised.
'Otherwise, you can choose to pay or take the risk of ignoring it, knowing the possible consequences.'
Parking fines could be a source of frustration, particularly when they seem excessive.
If you're unsure about a fine, please seek legal advice or contact the issuing company to discuss your options.
.png){kind=icon}
