QLD Fine from Private Car Park - Can They Threaten to Tow Car?

[John Kellythorn]

I recently received a "Fine" from a so-called Private Car Park enforcement company, (Parking Enforcement Services) who are based in Perth WA. I parked in a shopping centre car park to shop at the centre. There was no infringement notice on my vehicle when I returned to it. I have just received an overdue notice from this company stating if it is not paid within 20 days more "further recovery action" will result at my expense.

Further, if the fine is not paid and my vehicle is spotted at another one of their client's car parks, they will either clamp the wheel/s or tow the vehicle away. On a quick Google search, this company has no authority to do what they have done or what they have threatened to do. Is this correct?

 

[CathL]

Have a read of these related threads:

• WA - Private Car Park Issuing Tickets - Legal under Traffic Law? | LawAnswers.com.au
• VIC - Fine from Private Car Park - Pay Care Park Fines? | LawAnswers.com.au
• WA - Private Car Park Charging for Non-Guaranteed Parking Bay - Legal? | LawAnswers.com.au

 

[Sophea]

Hi John, I gather you have read the information in the above posts and also here: Private Car Park Fines - Know Your Rights - Legal Blog - LawAnswers.com.au

The parking "fines" or liquidated damages are lawful and since you are parking on their property, they can indeed clamp or tow your vehicle if you park their again based on the fact that you have breached your contract with them and they therefore have the right to exclude you or have their agents exclude you from their property if they wish.