It is not a government fine, but do not ignore it. Consumer Affairs Victoria says “Private car park operators cannot issue parking fines or infringements”. A notice from a private operator is a “breach of contract” notice, generally a claim for “liquidated damages”. You can ask the operator to cancel it, with evidence, and take the dispute to VCAT if it refuses. Since 2015, Victorian law (Road Safety Act 1986 s 90R) has stopped operators getting a court order for your details from the registration authority, but that does not mean they can never find you.
Prepared by Claim Done from the official Victorian Government, Consumer Affairs Victoria, Legal Aid Victoria, Magistrates’ Court, VCAT, ACCC, ASIC and OAIC pages listed under Sources. Last checked 7 November 2026.
Private car park notices in Victoria at a glance
| Question | The Victorian position |
|---|---|
| Is it a fine? | No. Consumer Affairs Victoria: operators “cannot issue parking fines or infringements” |
| What is it? | A “breach of contract” notice, generally a claim for “liquidated damages”, under a contract formed by the car park’s signs |
| Disputing it | Ask the operator to cancel it, with evidence such as photos or a ticket; if it refuses, VCAT (“There may be costs involved”) |
| Where would the operator claim? | A Victorian court or tribunal, such as the Magistrates’ Court (civil disputes up to $100,000) or VCAT |
| Where to complain | Consumer Affairs Victoria; Victoria Police for standover tactics or threats |
| Owner details from the registry | The court-order route has been removed since 2015 (Road Safety Act 1986 s 90R) |
Is a private parking “fine” a real fine in Victoria?
No. Consumer Affairs Victoria (CAV) says: “Private car park operators cannot issue parking fines or infringements – these are only issued by an authorised government body.” Legal Aid Victoria agrees: “A parking ‘fine’ from a private company is not the same as a fine from a council, the government or police.”
What an operator can send is a demand under a contract. CAV explains: “When parking in a private car park that has appropriate signage, you enter a contract with the operator.” Operators “may issue ‘breach of contract’ notices requesting payment for an alleged failure to observe the displayed terms and conditions of use. This notice is generally a claim for ‘liquidated damages’.”
The operator has duties too. It “must clearly outline and prominently display the terms and conditions of use for their car park”, and while it “has the right to charge fees for use of their car park”, it “must not mislead or deceive customers about these fees.”
In 2012, CAV reports, the Supreme Court found that one operator’s tickets “misled consumers about their rights”, because its payment requests “mimicked fines issued by official agencies such as councils and government”, using words such as “offence”, “breach” and “fines”. That decision was about one operator’s notices. It is an example, not a rule that every notice is unlawful.
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Do you have to pay it?
No official Victorian page says you can ignore it, and you should not. The notice is a claim the operator says you owe under a contract. If you parked under clear signs and broke the terms, the operator has a claim it can pursue. If you believe you did not, CAV sets out the dispute route: “If you believe that you have not breached the terms and conditions, you can ask the operator to revoke the notice. Present any evidence to support your claim, such as photos or a ticket.” If the operator refuses, “you can take the dispute to the Victorian Civil and Administrative Tribunal (VCAT). There may be costs involved in doing so”.
Legal Aid Victoria suggests reading CAV’s information “before paying the notice or contacting the company”. Then decide: dispute it in writing, or pay if you accept you broke the terms.
Is the amount fair?
CAV’s guidelines for businesses on unfair terms describe a penalty clause as a required payment for a breach that is not “a genuine pre-estimate of the loss that the supplier expects to suffer”, and say “Higher amounts are unenforceable under the general law relating to penalties”. In 2015 the Victorian Government said that “Recent decisions from the Supreme Court and VCAT have found that some private car park fines were unenforceable because the damages did not reflect the actual losses suffered by the operator.” That was a statement about particular past cases, not a rule for every notice.
The Australian Consumer Law (ACL) also applies. An unfair term in a standard form consumer contract is void (s 23), and one example of a possibly unfair term is one that “penalises, or has the effect of penalising, one party (but not another party) for a breach” (s 25(c)). The ACCC says “Only courts can make final decisions about whether a contract term is unfair.” You can ask the operator to prove how it worked out the amount.
What happens if you don’t pay
The operator cannot fine you, but an unpaid notice can move through these stages:
- Reminder or final notices from the operator.
- A debt collector. CAV says operators “may use a debt collector”.
- A claim in a court or tribunal. The Magistrates’ Court of Victoria “can hear civil disputes up to the value of $100,000”. It says “You should try to resolve your dispute before coming to court”, and a plaintiff must “agree to act honestly, cooperate and make a genuine attempt to resolve the dispute” and file certifications that it has a proper basis for its claim. Some claims under $10,000 may be listed for arbitration. VCAT hears “Consumer disputes and small claims about products and services you bought or sold”; for claims under $15,000, lawyers generally may not speak for a party.
- Your deadline. If you receive court or tribunal papers, respond by the date on them. A letter to the operator does not do that.
- Judgment and your credit report. No official Victorian page we read says whether a judgment for a parking charge appears on a credit report, so do not assume it cannot. Deal with any papers on time.
Time limits. VCAT says “Generally you must apply within six years of the dispute.” ACCC and ASIC guidance says the time limit to sue for a debt “varies from state to state, but is usually six years (three years in the Northern Territory)”, counted from when the right to sue arose or the debt was last acknowledged, for example by a payment.
Can they get your name and address?
Not by a court order against the registration authority. Section 90R(1) of the Road Safety Act 1986 now says: “Any entitlement to a preliminary discovery order against the Secretary for the purpose of the recovery of private car park fees is abrogated by this section.” It was added by the Road Safety Amendment (Private Car Parks) Act 2015. In 2015 the Victorian Government said it would “abolish the right for car park operators to apply to the courts for access to people’s details through VicRoads”.
A “private car park fee” includes “an amount payable for breaching those terms and conditions”, but not an amount under a written contract “signed by the relevant parties”.
Be careful about what this means. It removes one route: a court order forcing the registry to hand over your details. It does not say an operator can never find out who you are, and CAV’s page does not say whether VicRoads releases details. Your reply can ask the operator how it got your details. Queensland changed its law in 2026; that change does not apply in Victoria, and Victoria’s rule dates from 2015.
Debt collectors: what they can and cannot do
CAV says collectors must not “unduly harass a consumer”, “lie about the consequences of an unpaid debt”, or “impersonate a government employee or agent”. For “standover tactics or threats”, it says to “contact Victoria Police”.
National law adds to this. The ACL (s 50) says a person “must not use physical force, or undue harassment or coercion” in connection with services or payment for them. The ACCC says a collector must not “mislead or deceive the debtor” or “take unfair advantage of any vulnerability, disability or similar”, and its contact guide is a “Maximum 3 phone calls a week or 10 a month.”
The ACCC and ASIC debt collection guideline (Regulatory Guide 96) “does not have legal force”, but it shows how the regulators read the law:
- “If the debtor’s liability for the debt cannot be established when challenged, collection activity should cease.”
- “In legal proceedings, proof of the debt lies with the person alleging the debt is owed to them.”
- No threats of legal action that is “not possible, not intended, or not under consideration”.
- The operator “will generally be liable for their agent’s conduct”.
Credit listings. The ACCC says that once you tell a collector the debt is disputed, “debt collection activity should stop until this is resolved”, and “A default listing on your credit report should not be made” while it is disputed. If something wrong appears on your credit report, the OAIC says the credit reporting body “must take reasonable steps to correct it within 30 days”.
Where to complain. About the operator: Consumer Affairs Victoria. About a collector: misconduct to the ACCC, privacy breaches to the OAIC, and threats to Victoria Police. The National Debt Helpline is 1800 007 007.
How to dispute it: 4 steps
Step 1: Check it is private, not a council fine
Read who issued it. Only an authorised government body, such as a council, can issue a parking fine or infringement. A notice from Wilson, Secure Parking, Care Park, a shopping centre or another company is a private demand. If a council issued it, see our Victorian parking fine guide and use the Parking Fine Dispute (VIC). Toll notices are different again: see Toll Notice Dispute.
Step 2: Gather your evidence
- The notice: number, date, time, car park, alleged breach and amount.
- Photos of the signs at the entrance you used and near your bay, or showing there were none. Go back soon: signs change.
- Your ticket, receipt, app or bank record, with times. CAV names “photos or a ticket” as evidence.
- Anything showing who was driving, if it was not you.
- Every letter, email and call log from the operator or a collector.
Step 3: Reply in writing
Ask the operator to revoke the notice, as CAV describes, and give your reasons and evidence. Ask for its evidence in return: the signs on the day, the terms relied on, proof of who was driving and how the amount reflects a real loss. If a collector has written to you, reply to the collector and record that the debt is disputed. Our letter is drafted from your answers, under the Victorian rules above.
If the operator refuses, CAV says you can take the dispute to VCAT, though “There may be costs involved in doing so”.
Step 4: If they sue, respond by the date on the papers
If you receive papers from the Magistrates’ Court or VCAT, respond to the court or tribunal by the date on them. A letter to the operator does not stop the case or meet that deadline. Get legal advice if you can.
Questions people ask
Do I have to pay a private parking fine in Victoria?
It is not a fine, but do not ignore it. Consumer Affairs Victoria says it is generally a claim for “liquidated damages” under a contract formed by the signs. If you broke clearly displayed terms, the operator can pursue that claim. If you did not, ask the operator to revoke it with evidence, then go to VCAT if it refuses.
What happens if I don’t pay a private parking fine?
The operator may use a debt collector, and it can bring a claim in a court or tribunal, such as the Magistrates’ Court or VCAT, where it must prove its case. It cannot fine you. If you receive court or tribunal papers, respond by the date on them, because a letter to the operator does not stop the case.
Can a private parking company take me to court in Victoria?
Yes. An operator can bring a civil claim, and the Magistrates’ Court hears civil disputes up to $100,000. The court says parties should try to resolve a dispute before coming to court, and in legal proceedings proof of a debt lies with the person claiming it. CAV also says you can take the dispute to VCAT yourself.
Can they get my address from my number plate?
Not by a court order against the registry. Since 2015, section 90R of the Road Safety Act 1986 has abrogated (removed) any entitlement to a preliminary discovery order against the Secretary to recover private car park fees. That does not mean an operator can never identify you: it may have your details from another source.
Will a private parking fine affect my credit score?
While you dispute it, the ACCC says a default listing “should not be made”, and collection activity should stop until the dispute is resolved. No official Victorian page we read says whether a court judgment for a parking charge appears on a credit report, so do not assume it cannot. Respond to any court papers on time.
Is a private parking fine legally enforceable?
It is a claim the operator can pursue in a court or tribunal, where it must prove it. In 2015 the Victorian Government said some court and VCAT decisions had found private car park fines unenforceable because the damages did not reflect the operator’s actual losses. That was about particular cases, not every notice.
Wilson, Care Park or Secure Parking sent me a notice – what do I do?
Check the facts and reply in writing if you dispute it. A notice from any private operator is a “breach of contract” notice, not a government fine. Gather photos of the signs, your ticket or payment record, and anything showing who was driving. Then ask the operator to revoke it, or pay if you accept you broke the terms.
The signs were not clear – do I still have to pay?
You can dispute it on that basis. CAV says the operator “must clearly outline and prominently display the terms and conditions of use”, and a contract forms when you park in a car park with “appropriate signage”. Photograph the entrance and your bay, and ask the operator to prove the signs in place on the day.
I wasn’t the driver – do I have to pay?
Say so in writing, truthfully, and ask the operator for its proof. ACCC and ASIC guidance says a person must not be pursued for a debt “unless there are reasonable grounds for asserting that the person is liable”, and that proof of a debt lies with the person claiming it. Never name someone as the driver unless they really were.
Can I take a private car park operator to VCAT?
Yes. CAV says that if the operator refuses to cancel the notice, “you can take the dispute to the Victorian Civil and Administrative Tribunal (VCAT)”, and “There may be costs involved in doing so”. VCAT hears consumer disputes about services, and says you generally must apply within six years of the dispute.
A debt collector is chasing me for a parking fine – what can they do?
They can ask for payment, within limits. CAV says collectors must not unduly harass you, lie about the consequences of an unpaid debt, or impersonate a government employee or agent. The ACCC’s guide is a maximum of 3 calls a week or 10 a month. Report standover tactics or threats to Victoria Police.
Did the law change in 2026 so they can’t get my details?
Not in Victoria. Queensland changed its law in 2026, but that does not apply here. Victoria’s rule dates from 2015: the Road Safety Act 1986 s 90R removed operators’ right to a court order for your details from the registry. It does not say operators can never find out who you are.
Related guides
- Private parking fines: do you have to pay? (every state)
- Private car park fines in Australia
- How to dispute a council parking fine in Victoria
- Toll Notice Dispute, for toll notices and their fees
Claim Done is not a law firm and does not give legal advice; this page is general information. Whether a private parking charge is owed is for a court or tribunal to decide.
Sources
- Consumer Affairs Victoria: parking payment notices in private car parks, checked 7 November 2026
- Legal Aid Victoria: parking laws and fines, checked 7 November 2026
- Road Safety Act 1986 (Vic), s 90R, checked 7 November 2026
- Road Safety Amendment (Private Car Parks) Act 2015 (Vic), checked 7 November 2026
- Premier of Victoria: crackdown on private car park operators (2015), checked 7 November 2026
- Consumer Affairs Victoria: ACE Parking court action (2012), checked 7 November 2026
- Consumer Affairs Victoria: Preventing unfair terms in consumer contracts, checked 7 November 2026
- Magistrates’ Court of Victoria: starting a civil matter, checked 7 November 2026
- VCAT: goods and services disputes, checked 7 November 2026
- ACCC and ASIC: Debt collection guideline (Regulatory Guide 96), 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), checked 7 November 2026
- OAIC: correct your credit report, checked 7 November 2026
What happens when you put it in writing — properly
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Private Parking Notice Dispute (VIC) drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Private Parking Notice Dispute (VIC) from the answers you give about your situation for a flat $29 AUD. You read and confirm the draft, then the final PDF is emailed to you. Start at claimdone.com.au/begin/?service=private-parking-notice-dispute-vic. Claim Done is not a law firm and does not give legal advice.
How much does a Private Parking Notice Dispute (VIC) cost, and how long does it take?
$29 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. It covers every Australian state and territory.
Do I need a lawyer to send a Private Parking Notice Dispute (VIC) in Australia?
No. There is no legal requirement to use a solicitor to write or send a Private Parking Notice Dispute (VIC); many people send their own. Claim Done drafts it for you and you approve it before it is sent.