That sinking feeling when you spot a ticket tucked under your windscreen wipers is universal among Australian drivers. But what if that expensive-looking notice isn't quite what it seems?
A recent video online claiming drivers can ignore private parking company 'fines' has sparked heated debate across social media. While the reality isn't quite as simple as 'just ignore it,' the truth about private parking enforcement might surprise you.
Not all parking tickets are created equal
Only government bodies like local councils and courts can issue actual fines, so a private parking 'fine' is really a payment notice or demand for payment. It's a crucial distinction that many Australian drivers don't understand.
When you park in a shopping centre, hospital, or privately managed car park, you're entering into a contract with that company. By parking there you accept the conditions set by the company, including time limits on parking.
'Only government bodies like local councils can issue fines, so really a private parking 'fine' is best referred to as a ticket'
The difference matters because actual council fines can affect your licence and escalate to serious consequences through state penalty systems. Private company tickets operate under completely different rules.
The expensive reality of chasing $65
Here's where the economics become interesting for drivers. Private companies typically charge around $65 or more for a 'breach', but if you don't pay, they would have to take you to small claims court where, at best, they'd receive the ticket amount plus legal fees—and court costs might be higher than the fine amount.
There are lots of reasons why a private parking company wouldn't take you to court, but that doesn't mean they won't [6]. Most legal experts agree that enforcement action is rare but not impossible.
Government fines vs private tickets
Council/government fines:
• Issued by authorised officers
• Can affect your licence
• Escalate through state penalty systems
• Range from $102-$204 in Victoria (2025)
Private company tickets:
• Based on contract law
• Can't affect your licence
• Company must sue to enforce
• Typically around $65
What actually happens if you don't pay
If you don't pay the fine, you may receive increasingly threatening letters in the mail. Many Australian drivers report receiving multiple notices over several months, often with escalating language about debt collectors and legal action.
However, legal firms report a different reality. The law here is still a bit up in the air with lots of different variables, and opinions in online threads can sometimes be a little simplistic and lack legal nuance.
Source: @aaronboundy / Tiktok.
The practical outcome? A private parking company might prevent you from parking there in future, although this would require constant monitoring at the point of entry.
State by state: the enforcement lottery
Australia's federated system means private parking enforcement varies significantly between states, creating confusion for drivers who travel.
Western Australia leads consumer protection
In Western Australia your car probably can't be towed either as there are limited circumstances in which cars can be towed from private property, and wheel clamping has been prohibited since 2020.
However, in Western Australia, private parking companies can use freedom of information legislation to get access to your personal details based on your registration number, making it easier for them to pursue payment.
Eastern states take different approaches
In Victoria, a parking 'fine' from a private company is not the same as a fine from council, government or police, and Consumer Affairs Victoria provides specific information on parking payment notices in private carparks.
Protecting yourself from parking disputes
- Photograph unclear or confusing signage
- Keep receipts showing you paid for parking
- Read the terms displayed at car park entrances
- Don't ignore notices completely—respond if you believe you're in the right
- Seek legal advice for disputes over larger amounts
Recent changes you need to know about
The parking landscape has shifted significantly in recent years. NSW has done away with ticketless parking fines from July 2025, requiring councils to issue on-the-spot fines or notifications by leaving an infringement on the vehicle.
Penalties are not enforceable under contract law [14], which strengthens the legal position for drivers who receive what appears to be arbitrary penalty amounts from private companies.
The senior-friendly approach: practical wisdom
For Australian seniors, the key is understanding your options rather than blindly following social media advice. While private parking companies have limited enforcement powers, completely ignoring legitimate tickets isn't always wise.
Consider these factors:
- Is the amount reasonable for the actual inconvenience caused?
- Were the parking conditions clearly displayed?
- Do you regularly use this car park?
- Is it worth the ongoing hassle of threatening letters?
When to seek help
If the matter remains unresolved, you should seek independent legal advice. For Australian seniors on fixed incomes, community legal centres offer free advice on consumer matters, including parking disputes.
For free and confidential legal advice in South Australia call 1300 366 424, and similar services operate in other states.
The bottom line for Australian drivers
The popular video claim that private parking fines can be completely ignored is overly simplistic. While these tickets lack the enforcement power of government fines, they're not entirely toothless.
As always, inform yourself and try to do the right thing. For most Australian drivers, the best approach combines understanding your rights with common sense—if you genuinely breached reasonable parking conditions, paying a modest fee might be the path of least resistance.
However, if you believe a ticket is unfair, unreasonable, or issued incorrectly, you have options beyond simply paying up or ignoring it completely.
Have you ever received a private parking ticket? How did you handle it, and what was the outcome? Share your experience in the comments below—your story might help fellow drivers navigate this confusing area of consumer law.
Original Article
https://www.news.com.au/technology/...s/news-story/a87ab0e7589d9b3deca2574403673b65
What happens when… you get a parking ‘fine’ from a private company?—LAW irl
Cited text: ... Only government bodies like local councils (as well as other bodies who have legal authority to make by-laws) and courts can issue fines, so reall...
Excerpt: Only government bodies like local councils and courts can issue actual fines, so a private parking 'fine' is really a payment notice or demand for payment
https://lawirl.com/2025/03/10/what-happens-when-you-get-a-parking-fine-from-a-private-company/
Using private car parks | Your rights, crime and the law | Queensland Government
Cited text: Payment notices or demands for payment are not fines. Only governments or courts can issue fines.
Excerpt: Only government bodies like local councils and courts can issue actual fines, so a private parking 'fine' is really a payment notice or demand for payment
https://www.qld.gov.au/law/your-rig...es/buying-services/vehicle-services/car-parks
What happens when… you get a parking ‘fine’ from a private company?—LAW irl
Cited text: When you park in a carpark managed by a private company, it is generally understood that you enter into a contract with them—by parking there you ac...
Excerpt: By parking there you accept the conditions set by the company, including time limits on parking
https://lawirl.com/2025/03/10/what-happens-when-you-get-a-parking-fine-from-a-private-company/
What happens when… you get a parking ‘fine’ from a private company?—LAW irl
Cited text: Typically, these companies charge around $65 or more for a ‘breach’, which may be considered a ‘penalty’—it is a seemingly arbitrary figure with lit...
Excerpt: Private companies typically charge around $65 or more for a 'breach', but if you don't pay, they would have to take you to small claims court where, at best, they'd receive the ticket amount plus legal fees—and court costs might be…
https://lawirl.com/2025/03/10/what-happens-when-you-get-a-parking-fine-from-a-private-company/
What happens when… you get a parking ‘fine’ from a private company?—LAW irl
Cited text: Ultimately if you don’t pay the ‘fine’, the company would have to initiate an action to recover the unpaid ticket amount in a small claims court (in W...
Excerpt: Private companies typically charge around $65 or more for a 'breach', but if you don't pay, they would have to take you to small claims court where, at best, they'd receive the ticket amount plus legal fees—and court costs might be…
https://lawirl.com/2025/03/10/what-happens-when-you-get-a-parking-fine-from-a-private-company/
What happens when… you get a parking ‘fine’ from a private company?—LAW irl
Cited text: There are lots of reasons why a private parking company wouldn’t take you to court, but that doesn’t mean that they won’t.
Excerpt: There are lots of reasons why a private parking company wouldn't take you to court, but that doesn't mean they won't
https://lawirl.com/2025/03/10/what-happens-when-you-get-a-parking-fine-from-a-private-company/
What happens when… you get a parking ‘fine’ from a private company?—LAW irl
Cited text: If you don’t pay the fine, you may receive increasingly threatening letters in the mail.
Excerpt: If you don't pay the fine, you may receive increasingly threatening letters in the mail
https://lawirl.com/2025/03/10/what-happens-when-you-get-a-parking-fine-from-a-private-company/
What happens when… you get a parking ‘fine’ from a private company?—LAW irl
Cited text: The law here is still a bit up in the air—there are lots of different variables so it is hard to give a concrete answer. The opinions provided in on...
Excerpt: The law here is still a bit up in the air with lots of different variables, and opinions in online threads can sometimes be a little simplistic and lack legal nuance
https://lawirl.com/2025/03/10/what-happens-when-you-get-a-parking-fine-from-a-private-company/
What happens when… you get a parking ‘fine’ from a private company?—LAW irl
Cited text: While a private parking company might not go to the effort of trying to enforce their ticket in court, they might prevent you from parking there in fu...
Excerpt: A private parking company might prevent you from parking there in future, although this would require constant monitoring at the point of entry
https://lawirl.com/2025/03/10/what-happens-when-you-get-a-parking-fine-from-a-private-company/
What happens when… you get a parking ‘fine’ from a private company?—LAW irl
Cited text: In Western Australia your car probably can’t be towed either (as there are limited circumstances in which cars can be towed from private property) and...
Excerpt: In Western Australia your car probably can't be towed either as there are limited circumstances in which cars can be towed from private property, and wheel clamping has been prohibited since 2020
https://lawirl.com/2025/03/10/what-happens-when-you-get-a-parking-fine-from-a-private-company/
What happens when… you get a parking ‘fine’ from a private company?—LAW irl
Cited text: In Western Australia, that’s because private parking companies can use freedom of information legislation to get access to your personal details based...
Excerpt: in Western Australia, private parking companies can use freedom of information legislation to get access to your personal details based on your registration number
https://lawirl.com/2025/03/10/what-happens-when-you-get-a-parking-fine-from-a-private-company/
Parking laws and fines | Victoria Legal Aid
Cited text: A parking ‘fine’ from a private company is not the same as a fine from a council, the government or police. If you get a notice from a private company...
Excerpt: In Victoria, a parking 'fine' from a private company is not the same as a fine from council, government or police, and Consumer Affairs Victoria provides specific information on parking payment notices in private carparks
https://www.legalaid.vic.gov.au/parking-laws
Every new Australian road rule and fine taking effect from July 1 2025 | Open Road
Cited text: Elsewhere, the government has done away with ticketless parking fines, deeming the practice “unfair”. From July 1, there’ll be a more transparent syst...
Excerpt: NSW has done away with ticketless parking fines from July 2025, requiring councils to issue on-the-spot fines or notifications by leaving an infringement on the vehicle
https://www.mynrma.com.au/open-road/news/2025/new-road-rules-and-fines
What happens when… you get a parking ‘fine’ from a private company?—LAW irl
Cited text: Penalties are not enforceable under contract law.
Excerpt: Penalties are not enforceable under contract law
https://lawirl.com/2025/03/10/what-happens-when-you-get-a-parking-fine-from-a-private-company/
Using private car parks | Your rights, crime and the law | Queensland Government
Cited text: If the matter remains unresolved, you should seek independent legal advice.
Excerpt: If the matter remains unresolved, you should seek independent legal advice
https://www.qld.gov.au/law/your-rig...es/buying-services/vehicle-services/car-parks
Parking Offences
Cited text: For free and confidential legal advice in South Australia call 1300 366 424.
Excerpt: For free and confidential legal advice in South Australia call 1300 366 424
https://www.lawhandbook.sa.gov.au/ch12s08s06.php
What happens when… you get a parking ‘fine’ from a private company?—LAW irl
Cited text: As always, inform yourself and try to do the right thing.
Excerpt: As always, inform yourself and try to do the right thing
https://lawirl.com/2025/03/10/what-happens-when-you-get-a-parking-fine-from-a-private-company/
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