Australians have been urged to abolish private parking fines after motorists claim the fines are “unenforceable”.
A Brisbane motorist recently posted a photo of a $77 fine on Reddit, asking for advice and asking Australians if the fine was real, as the car was not on the street the fine was pointing to in the centre of Fortitude Valley on 18 September.
‘Partner parked in the Valley on Acland Lane today but there is a warning in place for Bridge St, which is around the corner from where she was parked,’ the ticket read.
‘I have never seen this company before. Is it reliable?’
The fine imposed by Parking Monitoring and Enforcement Services stated that if the $77 was not paid within 28 days, an additional $43 would be added to the total.
Other motorists were quick to point out that a parking ticket in a private parking lot was legally incorrect.
“Unenforceable, throw it away,” someone wrote.
Another said, “Just put it in the cylindrical filing cabinet, or do what I do and add it to the wall of honor – 100 percent unenforceable.”
The $77 fine for parking on a private lot posted on Reddit cited a street where the motorist was not parked at all
‘The only parking fines in South East Queensland that I know of that can be enforced are those issued by the BBC (and other councils) and the UQ.’
A third wrote: ‘They can’t enforce it unless they can get your details and take you to court.
‘In the past, they could easily obtain this information, but this has now become stricter.’
And it looks like the Australian drivers are right.
The fines imposed are not in fact ‘fines’, but compensation in the event that a driver breaks a contract agreed upon when entering a private car park.
According to the Consumer Action Law Centre, the advice is to ‘do nothing’ if drivers do not want to pay. Yeah reported.
The centre says it is “unlikely” that a private parking company or operator will investigate the matter further, even if they do take the next step and threaten legal action.
The driver was parked on Acland Lane in Fortitude Valley (pictured), but the fine was for being parked on Bridge Street
Melbourne lawyer Sean Hardy said the argument that a driver breached a contract with a private parking company was “weak”.
“The contract cannot lawfully claim an amount greater than the reasonable loss suffered by the company as a result of the breach of contract,” he said.
The traffic court attorney believes that a financial loss of up to $10 would be more realistic for a parking company.
The Government of Queensland recognised that private parking operators set their own rates and charges.
“Check the conditions and costs before using a private parking space,” the government said on its website.
‘An operator can send a payment reminder if you violate the terms of the contract.
‘Payment notices or payment reminders are not fines. Only governments or courts can impose fines.’
The Consumer Action Law Centre said if drivers don’t want to pay the fine they should ‘do nothing’ (stock image)
The government added that private carriers must draft their terms and conditions “fairly, transparently and in plain English”. However, drivers who wish to challenge the fine are advised to indicate that they will challenge the fine.
“We do not recommend ignoring a payment notification,” the site said.
Daily Mail Australia has contacted Parking Monitoring and Enforcement Services for comment.