The Victorian Supreme Court has ordered private car park operators who issue unlawful parking ‘fines’ to stop using misleading tactics. The court’s decision confirms that private parking operators cannot levy fines or prosecute motorists who stay overtime or do not display a ticket.
It was alleged that a number of car park operators had breached the Fair Trading Act 1999 by issuing ‘fines’ to consumers with no legal authority; harassing consumers who failed to pay; and illegally threatening legal action.
The court also found that terminology on tickets misled consumers about their rights; and that requests for payments mimicked fines issued by official agencies such as councils and government, using terminology such as ‘offence’, ‘breach’ and ‘fines.’