Parking fees could be raised in two avenues, which are local councils and car park operators. The powers of the parking enforcement officers and the police to issue a fine are applicable within the council land; however, the issue has witnessed a rise in the issuance of fines by the company in their car parks. Even so, these private fines can appear to be exactly identical to those issued by the council, with the legal authority being quite different. Council fines are government fines approved and private fines are essentially contract breach fines to be addressed by the civil law.
Parking Fine Types
| Fine Type | Issuer | Legal Authority | Consequences of Ignoring | Common Defenses |
|---|---|---|---|---|
| Council Parking Fine | Local Council | Government-backed penalty | Escalating fees, license/registration issues | None, must pay or appeal |
| Private Parking Fine | Private Car Park Operator | Civil contract breach | Possible lawsuit, debt collection | Unclear signage, unfair contract |
Legal Differences and consequences.
The consequence of ignoring a council parking fine may be severe as it may result in increased charges or even loss of drivers license or vehicle registration by the transport authorities. On the other hand, a fine imposed by a commercial organization is a civil issue. The fine, interest and a portion of legal expenses can be recovered by the private operator suing, but in many cases the amount of money spent in suing a small fine is too great to warrant litigation. Nonetheless, the fines privately can be transferred to debt collectors and will lead to further troubles in case of disregard.
Privacy. The nature of the fines on the private parking is contractual.
In the majority of car parks operated privately, there are signs that contain the terms of admission and use. Whenever a driver operates the car park, he or she accepts these conditions, which normally encompass buying a parking ticket at a given duration of time. In case of the driver violating these terms, the operator may impose what appears to be a fine or post a mail notice. This is handled in the contract law where the driver consented to the terms when they entered, and failure to adhere to the terms is a breach of the contract.
There are also defences against private parking fines.
Should a conflict over a parking fine in a privately owned car (whether it is a fine or warning) reach a civil court such as the Victorian Civil and Administrative tribunal (VCAT) where a dispute does not exceed 10,000 Australian dollars, the driver can have grounds to appeal. The defences may be ambiguous or inadequate signage, a deficiency or absence of appropriate consent to the terms of the contract, or a contention that the terms of the contract are unfair or unconscionable. The drivers are advised to save evidence and observe any signage on the parking conditions critically.
Useful Driving Safety tips.
In order to prevent parking fine problems, the drivers are advised to seek and know the terms and conditions of any car park they venture into. It is necessary to buy a legitimate parking ticket and exhibit it. When a private operator calls you about a parking fine it is better to deal with it at the early stage to avoid the problem. As an example, it is possible to address some conflicts through the explanation of the situation or negotiating with the operator without any new steps.
FAQs
Is it possible to disregard a personal parking ticket?
The intention of ignoring a personal fine may not incur an immediate expense with the possibility of a civil suit or a debt collection action in the future.
What could have happened, in case the parking signs were not clear?
You can challenge the fine in case there was no signage that was obvious or evident.
Do the fines related to the parking (private) qualify as criminal penalties?
They are not, they are civil cases of the breach of the contract, as compared to the council fines which are punished legally.
The article offers a very good insight into the legal and practical distinction between council and private parking fines so that drivers can safely navigate the parking rules.
