What to do with private parking fines
Penalties issued by a private parking company are not technically fines and are not enforced by Revenue NSW.
Private parking penalties are not fines. A notice left or sent to you by a private car park operator may look like a fine, but it is a claim for a debt. It cannot be enforced in the same way as other fines (for example, enforced by Revenue NSW).
When you park in a private carpark that has proper signage, you are entering into a contract with the company that owns or operates the carpark.
You can write a letter to the company that gave you the notice if you don’t agree you should have to pay it.
- You have a parking penalty from a private car park or company and
- You followed with the parking requirements, for example you had a ticket.
Do not do this if:
- Your parking fine is from an authorised body, such as a city council or some universities and hospitals.
To avoid further legal action or a debt collector, write to the company that gave you the penalty as soon as possible. If you do not act, the private car park may start debt recovery proceedings in the small claims division of the Local Court.
Terms of agreement
You may also be able to make a consumer claim in the NSW Civil and Administrative Tribunal (NCAT) if you believe that the terms were unfair or if you feel the private car park operator was misleading. You should get legal advice as soon as possible.
You can apply to have your penalty withdrawn by writing to the company who gave it to you.
You will need to explain why you think the fine should be withdrawn. We have prepared a template which may assist you in preparing your letter.
Make sure you carefully edit it with your own circumstances and the details of the private parking company before sending.
Write a letter to the company who issued the penalty
Fill out our letter template and send it to the company that issued the penalty. Based on the letter, they should withdraw the penalty. You should not have to pay.
If the company refuses to withdraw the penalty, contact LawAccess for help
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Please don’t ignore your fine
If you do not take action by the due date you may pay more and be stopped from driving or using your car.