Private Parking Fine in the ACT: Do You Have to Pay? (2026)

Prepared by Claim Done from the official sources listed below. Last checked 7 November 2026.

Is a private parking “fine” a real fine in the ACT?

No. A notice from a private car park operator is not an ACT government infringement notice; it is a demand for money from a private company. In the ACT, government parking fines are infringement notices given by a parking inspector or police officer and managed by Access Canberra or ACT Policing. Those are real fines with their own review process: see how to dispute an ACT parking fine.

We found no ACT government consumer guide on private car park notices, but there is an enforcement example. In 2014 a car park operator gave an undertaking to the ACT Commissioner for Fair Trading under s 218 of the Australian Consumer Law. The Commissioner considered the operator’s conduct at two Canberra car parks “misleading or deceptive”, in breach of “sections 18, 29(1)(g) and 29(1)(m)” of the Australian Consumer Law, including:

• “representing that infringement notices were enforceable under ‘local council by-laws'”;
• “representing that it was associated with the ACT Government”; and
• “representing that it had lawful authority to issue parking breach notices and or wheel clamp vehicles when it was likely that consumers had not seen the conditions of entry”.

Inspectors had found “no signage at the entry to the car park to indicate the terms and conditions of entry”. The operator undertook to remove “infringement notice” wording and to show the amount it charges “in bold text” on its entry signs. That was one operator’s undertaking about particular facts: it shows what the ACT regulator treated as misleading, not that every private notice is unlawful.

Do you have to pay it?

Whether you owe the money depends on the facts, and you can dispute it, but you should not ignore it. A private notice is a claim by a company, not an order from a government body, so the question is whether the operator can prove its claim against you.

The national debt collection guideline published by the ACCC and ASIC (Regulatory Guide 96) puts the burden on the person claiming the money: “In legal proceedings, proof of the debt lies with the person alleging the debt is owed to them.” It also says: “If the debtor’s liability for the debt cannot be established when challenged, collection activity should cease.” The guideline says it “does not have legal force”, but it shows what the regulators expect.

Your realistic options are:

• Pay it, if you accept you broke the terms and owe the amount.
• Dispute it in writing, if you do not: for example, the signs were missing or unclear, you had paid, you were not the driver, or the details are wrong.
• Try to settle it. ACAT expects parties to try negotiation or mediation before coming to it.

What you should not do is say nothing: silence leaves the operator’s version unanswered.

What happens if you don’t pay

An unpaid private notice usually moves from reminders, to a debt collector, and possibly to a claim in a court or tribunal, where the operator must prove its case.

1. Reminders and a debt collector

The operator may send further letters, then pass the claim to a collector. RG 96 says they “must not threaten legal action if the start of proceedings is not possible, not intended, or not under consideration”, and the operator “will generally be liable” for its collector’s conduct.

2. A claim in a tribunal or court

To enforce the demand, the operator would have to start a proceeding. ACAT says it “has jurisdiction for civil disputes when the amount claimed is $25,000 or less”, covering “a debt” and “contracts – including damages for breach of contract”. Before coming to ACAT, it asks parties to “Try to resolve the dispute through negotiation or mediation”. If you are served with ACAT or court papers, respond to the tribunal or court by the date on the papers. A letter to the operator does not do that.

3. Judgment and your credit file

If a tribunal or court decides against you, follow its orders and any deadline in them. Do not assume a judgment would stay off your credit file. While a debt is disputed, the ACCC says “A default listing on your credit report should not be made” (more below).

4. Time limits

RG 96 says the time to sue on a debt “varies from state to state, but is usually six years (three years in the Northern Territory)” from when the right to sue arose or the debt was last acknowledged, for example by a payment. It does not give an ACT-specific figure, and we do not state one.

Can they get your name and address?

An operator cannot use a preliminary discovery order to make the ACT road transport authority hand over your details for a private car park fee claim. Section 236 of the Road Transport (General) Act 1999 (ACT) says: “The road transport authority cannot be required to comply with a preliminary discovery order if the purpose is (a) to ascertain the identity or whereabouts of a person in order to start a proceeding against the person for the recovery of a private car park fee; or (b) otherwise in connection with starting a proceeding for recovery of a private car park fee.”

For this rule, a “private car park fee” means “an amount alleged to be payable under the terms of a contract, arrangement or understanding for the use of a car park”, but not an amount under “a written contract signed by the relevant parties”. So it does not cover an amount under a parking agreement you signed in writing.

Know the limits of this rule:

• It removes one route: a court order compelling the registry. It does not say the registry can never release details, and it is not a 2026 change.
• It covers the ACT road transport authority only, not other states’ registries.
• An operator may already hold your details from another source, for example an account or booking you made.

If you do not know how the operator identified you, you can ask it in writing. Our letter can do that for you.

Debt collectors: what they can and cannot do

A debt collector chasing a car park charge must not harass, coerce or mislead you, and should pause collection while you dispute the debt. The Australian Consumer Law, s 50(1), says a person “must not use physical force, or undue harassment or coercion” in connection with payment for goods or services. The ACCC adds that a collector must not “take unfair advantage of any vulnerability, disability or similar affecting a debtor”, and gives a contact guide of “Maximum 3 phone calls a week or 10 a month”.

Under RG 96, a collector or creditor should not:

• “misrepresent that failure to pay a debt (where no fraud is involved) is a criminal or police matter”;
• claim to be a “police officer, court official”, or to have “some official capacity” it does not have;
• send letters likely to look like “court process or other court documents”; or
• threaten legal action on a debt that is out of time (statute-barred).

If you dispute the debt: the ACCC says that once you tell the collector, “debt collection activity should stop until this is resolved”. RG 96 says it is generally not appropriate to make an adverse credit listing while the creditor is “investigating a debtor’s claim that a debt is not owed”.

Where to complain:

• Collector misconduct: report it to the ACCC. The ACCC does not resolve individual debt disputes, but it takes reports.
• Privacy breaches: the Office of the Australian Information Commissioner (OAIC).
• Assault or threats of violence: the police.
• The operator’s conduct: Access Canberra’s consumer complaints service. It says: “Before you contact us, you must contact the business”, and “You’ll need to provide proof that you’ve written to the business to try to resolve the issue before we can help.”
• Free financial counselling: the National Debt Helpline, 1800 007 007.

How to dispute it: 4 steps

Step 1: Check it is private, not a government fine

Look at who issued it. A notice from Access Canberra or ACT Policing is a government infringement notice with strict deadlines: use our ACT parking fine guide instead. A notice from a car park company, or a collector acting for one, is a private demand.

Step 2: Gather your evidence

Photograph the signs at the entrance you used and near the bay, or where signs are missing, with the date. Keep your ticket, app record or receipt. Write down who was driving and when you arrived and left.

Step 3: Reply in writing

Write to the operator (or the collector, if one has written to you). Say why you dispute the notice, ask for it to be withdrawn, and ask for the evidence it relies on: the signs in place on that date, the terms, and proof of the breach. Keep a copy and proof of sending: Access Canberra asks for that before it can help with a complaint.

Reply to the operator – $29

Step 4: If they start a claim

If you receive ACAT or court papers, respond to the tribunal or court by the date on the papers. That is a separate step from writing to the operator.

Questions people ask

Do I have to pay a private parking fine in the ACT?

It is not a government fine: it is a demand from a private company, and you can dispute it. Do not ignore it. If you accept you broke the car park’s terms, you can pay it. If you do not, reply in writing with your reasons and evidence. If the operator keeps pressing, it would have to prove its claim in a court or tribunal, such as ACAT.

What happens if I don’t pay a private parking fine?

The operator may send reminders, pass the claim to a debt collector, or start a claim in a tribunal or court, where it must prove its case. If you are served with tribunal or court papers, respond by the date on the papers, because a letter to the operator does not count as a response.

Can a private parking company take me to court in the ACT?

Yes, a private company can bring a civil claim for money it says you owe. ACAT hears civil disputes where the amount claimed is $25,000 or less, including debts and breach of contract claims. ACAT asks parties to try to resolve the dispute through negotiation or mediation first. The operator would have to prove its claim.

Can they get my address from my number plate?

Not by forcing the ACT registry with a court order. Under s 236 of the Road Transport (General) Act 1999, the road transport authority cannot be required to comply with a preliminary discovery order to identify or locate you for a private car park fee claim. That does not stop an operator using details it already holds, and the rule says nothing about other states’ registries.

Did the law change in 2026 so car parks can’t get my details?

Not in the ACT. The 2026 change people talk about was made in Queensland. The ACT rule, in s 236 of the Road Transport (General) Act 1999, is older: it stops an operator forcing the road transport authority, by a preliminary discovery order, to give out your details for a private car park fee claim. It does not say operators can never get your details.

Will a private parking fine affect my credit score?

No official ACT source says whether it can. Default listings are governed by the Privacy Act, and the ACCC says that while a debt is disputed, “A default listing on your credit report should not be made.” If anyone threatens a listing, ask which credit the charge relates to. If a listing appears, ask the credit reporting body to correct it, and complain to the OAIC if needed. Do not assume a judgment would stay off your file.

Is a private parking fine legally enforceable?

Only a court or tribunal can decide that, on the facts. The operator must prove its claim. Under the Australian Consumer Law, an unfair term in a standard form consumer contract is void, and a term that penalises only one party for a breach is an example of a term that may be unfair. The ACCC says “Only courts can make final decisions about whether a contract term is unfair.”

Wilson, Care Park or Secure Parking sent me a notice – what do I do?

Treat it as a demand from a private company, not a fine, whichever operator sent it. Check the details, gather your evidence, and if you dispute it, reply in writing asking the operator to withdraw it or show the signs, terms and proof it relies on. Keep a copy. Our $29 letter is written for exactly this, with the ACT rules that apply.

The signs were not clear – do I still have to pay?

Unclear or missing signs are a reason to dispute the notice, but only a court or tribunal can finally decide. Photograph the signs, or the places with no signs, and say so in your reply. In 2014 the ACT Commissioner for Fair Trading treated one operator’s conduct as misleading where inspectors found no signage at the car park entry showing the terms.

The notice calls it an “infringement” – is that allowed?

Wording that makes a private notice look like a government fine can be misleading. In 2014 the ACT Commissioner for Fair Trading accepted an undertaking from one operator to remove “infringement notice” wording, after the Commissioner considered it had represented that notices were enforceable under “local council by-laws”. Under RG 96, collectors must not claim an official capacity they do not have.

I wasn’t driving – what should I say?

Say so plainly in your written reply. The operator must prove its claim against you, and RG 96 says a person “must not be pursued for a debt unless there are reasonable grounds for asserting that the person is liable for the debt”. Never name someone who was not driving. If you do not know how the operator got your details, ask it.

Where can I complain about a car park operator in the ACT?

Complain to Access Canberra, after you have written to the operator: it says you must contact the business first and give proof that you wrote to try to resolve the issue. Report debt collector misconduct to the ACCC, privacy breaches to the OAIC, and threats or violence to the police.

Related guides

• Private parking fines: do you have to pay? (every state)
• Private car park fines in Australia
• How to dispute an ACT government parking fine
• Toll Notice Dispute ($29), for toll notices and admin fees

Claim Done is not a law firm and does not give legal advice. Whether you owe a private car park operator anything is for a court or tribunal to decide on the facts.

Sources

• Road Transport (General) Act 1999 (ACT), Republication No 74, s 236, checked 7 November 2026
• Access Canberra: executed undertaking to the ACT Commissioner for Fair Trading (2014), checked 7 November 2026
• Access Canberra: get help with a consumer issue, checked 7 November 2026
• ACT Civil and Administrative Tribunal: civil disputes, checked 7 November 2026
• ACCC and ASIC: Regulatory Guide 96, Debt collection guideline for collectors and creditors, checked 7 November 2026
• ACCC: what debt collectors can and can’t do, checked 7 November 2026
• ACCC: disputing a debt, checked 7 November 2026
• ACCC: contracts and unfair contract terms, checked 7 November 2026
• Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law), ss 18, 23-25, 29, 50, checked 7 November 2026
• OAIC: correct your credit report, checked 7 November 2026