Private car park debts

Can a private car​ par​k operator ​claim a debt from me?

A private car park operator may try to recover a debt from you if you have broken the terms or conditions of using their car park.

Usually, when you enter a car park there will be conditions of entry on a sign near the entry point. These conditions outline what you can and can't do in the car park. By entering the car park, you will usually be agreeing to these conditions.

If the operator believes you have broken one of these conditions, they might issue you with a notice that says you have to pay a debt. The notice might look like a fine, and the private car park operator might call it a fine, but it's actually a debt or civil claim against you. It's different to a fine issued by a government authority like the police or a council ranger.

If you don't pay the debt, the private car park operator may consider taking legal action against you in the Local Court for breach of contract.

Is the debt the same as ​a fine?

A debt owed to a private car park operator is not a fine. A fine is a penalty notice or infringement issued by an authorised officer, such as the NSW Police or local council. A notice left or sent to you by a private car park operator may look similar to a fine, but it is a claim for a debt, and it can't be enforced in the same way as other fines.

What can I do if they are claim​ing a debt from me?

If a private car park operator is trying to recover a debt from you, you can:

• dispute the debt
• pay the debt
• negotiatw with the private car park operator or debt collector.

Don't ignore the debt.

For more information, see What to do with private parking fines on the FineFixer website. 

Can I dispute the​ debt?

You may have grounds to dispute the debt if you:

• had a valid ticket
• were not the driver
• did not breach the terms of the contract, for example, if they are alleging you parked longer than permitted but you didn't.

If you are unable to resolve the dispute with the carpark operator, you should lodge a complaint with NSW Fair Trading. If NSW Fair Trading can't resolve the dispute, you have the option of starting a consumer claim in the NSW Civil and Administrative Tribunal (NCAT) if you believe that the contract was unfair or if you feel the car park operator was misleading. You have up to three years to start a claim in NCAT.

For more information, see Private car parks on the NSW Fair Trading website.

If you ignore the debt, the car park operator can start a claim in the Local Court to recover the money from you.

I complained to NSW Fair Trading about a private car park debt but we still can't reach an agreement. What can I do?

You can start a consumer claim in the NSW Civil and Administrative Tribunal (NCAT) if you believe that the contract was unfair or if you feel the private car park operator was misleading. The time limit to start a claim in NCAT is three years.

For more information, see Private car parks on the NSW Fair Trading website.

If you ignore the debt, the car park operator may start a claim in the Local Court to recover the money from you.

Can the private car park operator​ get my personal details?

The private car park operator may have your details, for example, if you have previously registered your details on their website or inadvertently provided your details to them. Otherwise, they may only have your vehicle registration number. If the car park operator does not have your details, they may not have any way to contact you further.

Transport for NSW (TfNSW) can't be required to provide your details for the purpose of a private car park trying to recover fees.

For more information, see Privacy and access to personal information on the TfNSW website.

What if I don't pay the de​bt?

If you don't pay the debt, the private car park operator might decide to start civil action against you in the Local Court if they have your details. If the amount they are claiming is less than $20,000, they can do this by starting debt recovery proceedings against you in the Small Claims Division of the Local Court. They may file a Statement of Claim for the amount they believe you owe, plus filing and service fees and legal costs.

You have options in responding to the Statement of Claim. 

For information on responding to a Statement of Claim, see Responding to a claim in the My problem is about section of our website.

You have 28 days to respond to a Statement of Claim.

Will this go on m​y ​driving re​cord?

Debts claimed by private car park operators can't be recorded on your driving record. 

Can a debt claimed by a private car p​​ark operator affect my credit report?

If the private car park operator starts legal action against you to recover the amount they say you owe, they will serve you with a Statement of Claim. 

If the private car park operator gets a judgment against you, because you didn't respond to the Statement of Claim or you responded but lost the case, this judgment can be recorded on your credit report.

Why can't Transport for NSW or Revenue NSW give me details about the debt?

Transport for NSW (TfNSW) and Revenue NSW don't hold information about the debts claimed by private car park operators. 

It is a breach of contract issue (a civil claim). This means that TfNSW or Revenue NSW will not have any details about why the private car park operator believes you breached the contract.