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Private Parking Fine in Western Australia: Do You Have to Pay? (2026)

Private car park notice in WA? Not a government fine, but don't ignore it. Court orders can reveal your details. How to dispute it.

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No, a notice from a private parking company in Western Australia is not a government fine: it is a demand from a private company. Do not ignore it. You can dispute it in writing, and to make you pay against your will the company would have to take you to court and prove its claim. It can get your details: WA’s transport department says court orders “can and do include orders requiring the disclosure of licence plate information to parking companies”. If a council officer issued the ticket, it is a real fine: dispute it with the council.

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Last checked 7 November 2026 against official Western Australian and national sources, listed at the end. For the national picture, see private parking fines in Australia: do you have to pay?

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Private parking notices in WA at a glance

Question Western Australian answer Source
Is it a fine? Not if a private company issued it. WA infringements come from WA Police, local governments and other prosecuting authorities. Fines Enforcement Registry
Council officer in a private car park? Can be a real council infringement, under a parking agreement with the landowner. City of Stirling
Can they get my name and address? Yes, by court order: such orders “can and do” require disclosure to parking companies. Department of Transport and Major Infrastructure
Where would they sue? The Magistrates Court; up to $10,000 can be a minor case, after a letter of demand. Legal Aid WA
Can they clamp my car? No. Wheel clamping as a private parking control is banned. Department of Transport and Major Infrastructure
Complaints about a collector? WA Consumer Protection; the ACCC; the OAIC for privacy. Consumer Protection; ACCC

Is a private parking “fine” a real fine in WA?

No, unless a council officer or other government body issued it. The Fines Enforcement Registry says “Infringements are issued by the Western Australia Police, local government authorities and various other Prosecuting Authorities”. A car park company is none of these. Its notice is a private company’s demand for money, whatever the paper calls it.

We found no Western Australian government page on private car park notices, so we do not borrow another state’s wording. What WA does say:

  • Some private car parks are council-enforced. Those tickets are real fines (see the council section below).
  • Clamping is banned. “Wheel clamping as a private parking control measure is banned in Western Australia.” The state government made using it on private property “a $5,000 offence” from 14 December 2020.
  • Other controls are allowed. Private car park managers can still control parking “through infrastructure, ticketing, signage and enforcement”, with towing a “last resort”. Towing from private property is regulated by “Part 6A of the Road Traffic Act 1974 and the Road Traffic (Towing of Vehicles) Regulations 2020”.
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Do you have to pay it?

Do not ignore it: either pay it or dispute it in writing, and if you dispute it, the company has to prove its claim. To make you pay against your will, the company would have to sue you and prove its claim. That does not make it safe to ignore: in WA the company can get your name and address by court order, and a court can order you to pay.

  • If you agree you broke the terms and the amount is fair, paying may be the simplest end to it.
  • If you do not agree, reply in writing with your reasons and evidence. The national debt collection guideline says “In legal proceedings, proof of the debt lies with the person alleging the debt is owed to them”, and “A person must not be pursued for a debt unless there are reasonable grounds for asserting that the person is liable for the debt.”
  • If the amount looks out of proportion, say so. If the company relies on terms on its signs, the Australian Consumer Law makes unfair terms in standard-form consumer contracts void, and a term that “penalises, or has the effect of penalising, one party (but not another party) for a breach” may be unfair. The ACCC says “Only courts can make final decisions about whether a contract term is unfair.”

What happens if you don’t pay

If you neither pay nor resolve it, the company can keep pursuing the claim, use a debt collector, get your details by court order and sue you in the Magistrates Court.

  1. More letters. Reply in writing if you dispute the claim, so your position is on record.
  2. A debt collector. “Debt collectors must be licensed in Western Australia under the Debt Collectors Licensing Act 1964.” The rules below apply, and the company generally answers for its collector’s conduct.
  3. A letter of demand. Legal Aid WA says a claimant “should write a letter of demand” before starting a Magistrates Court case, and “must” do so to recover the costs of lodging the claim.
  4. A claim. “You can choose to have your claim for a debt or damages heard as a minor case if it is for an amount up to $10,000.” “Usually lawyers will not be allowed to represent people in a minor case claim.”
  5. Your response. “The response must normally be lodged within 14 days after service.” A letter to the company is not a response.
  6. Judgment. If the company proves its claim, the court can order you to pay. No official source we checked says such a judgment stays off your credit report, so do not assume it will.
  7. Time limit. The ACCC and ASIC say the time to sue on a debt “varies from state to state, but is usually six years” from when the right arose or the debt was last acknowledged, for example by a payment.

Credit reports. Defaults are listed by credit providers under the Privacy Act 1988 (the OAIC: overdue “for at least 60 days”, “$150” or more, after two notices). No official page we found says whether a private parking charge can or cannot be listed, so we promise nothing either way. While a debt is disputed, the ACCC says “A default listing on your credit report should not be made”. If one appears, contact the credit provider first; the credit reporting body must “take reasonable steps to correct it within 30 days”.

Can they get your name and address?

Yes, by court order. The Department of Transport and Major Infrastructure (DTMI) says it “discloses personal information to comply with court orders including subpoenas … The court orders can and do include orders requiring the disclosure of licence plate information to parking companies.”

The same policy says: “Under no circumstances will DTMI disclose personal information to a third party for the purpose of direct marketing.”

The 2026 change you may have read about is not in WA. In 2026 Queensland passed a law stopping private car park operators getting owner details from its register. We found no 2025 or 2026 change in Western Australia. The company may be able to get your name and address by court order.

Debt collectors: what they can and cannot do

A collector chasing a parking charge must be licensed in WA and must not harass, mislead or threaten you; once you dispute the debt, collection should stop until it is resolved.

  • No force, harassment or coercion. WA Consumer Protection says “The use of physical force, undue harassment and/or coercion to effect payment” is prohibited, including towards third parties such as a family member (nationally, Australian Consumer Law s 50). The ACCC’s guide: “Maximum 3 phone calls a week or 10 a month.”
  • Nothing misleading (ACL s 18). The ACCC and ASIC guideline (RG 96) says collectors must not threaten legal action that is “not possible, not intended, or not under consideration”, make letters look like court documents, claim to be police or a court, or add fees “not permitted by law”.
  • Disputed means stop. The ACCC: once disputed, “debt collection activity should stop until this is resolved”. RG 96: “It is misleading to state or imply that the debtor must prove they are not liable for the debt.”

Where to complain. You can “lodge a complaint about debt collection conduct with Consumer Protection”, or report debt collectors to the ACCC. Privacy breaches go to the Office of the Australian Information Commissioner; “assault or threats of violence” to the police. National Debt Helpline: 1800 007 007.

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How to dispute it: 4 steps

Step 1: Check it is private, not council

A council infringement is issued under the Local Government Act 1995, and the notice must say the modified penalty “may be paid to the CEO of the local government within a period of 28 days after the giving of the notice”. If your notice names a council, WA Police or another government body, it is a real fine with its own deadlines: use our WA parking fine guide and the government parking fine dispute ($29). A notice from a car park company (Wilson, Secure Parking, Care Park, a shopping centre’s operator) is the private kind.

Step 2: Gather evidence

Photograph every sign at the entrance you used, or where a sign should have been. Keep your ticket, receipt, app record or bank entry, photos of any faulty machine or app error, and every notice with the date it arrived. Note who was driving; never name someone who was not.

Step 3: Reply in writing

A written reply dates your position and puts the company to proof: the signs on the day, who was driving, and how the amount relates to any real loss. Our letter does this on your facts, sets a 14-day deadline to withdraw, and states the WA position that applies.

Reply to the operator – $29

Step 4: If they sue, respond by the date on the papers

If you are served with a Magistrates Court claim, respond to the court by the date on the papers (Legal Aid WA: normally within 14 days after service). A letter to the company does not do that. Get legal advice at this point if you can.

Council officer in a private car park?

Then it can be a real council fine, not a private notice. Some WA councils enforce their parking local law in private car parks under a formal agreement with the landowner. The City of Stirling says “Private property parking agreements can help address and prevent unauthorised parking on private land”, relying on “The City of Stirling’s Parking Local Law”; they “do not apply to residential properties”.

A council infringement follows the government rules: the council’s Chief Executive Officer can withdraw it within one year after it was given (Local Government Act 1995 s 9.20), payment is due within 28 days after the notice was given (s 9.17), and unpaid infringements go to the Fines Enforcement Registry. Dispute it with the council, not the car park company: see our WA parking fine guide or start the government parking fine dispute ($29).

Questions people ask

Do I have to pay a private parking fine in WA?

It is not a government fine, but do not ignore it. A notice from a private parking company is a demand from a private company. If you dispute it, reply in writing with your reasons; the company would have to prove its claim in court to make you pay. In WA it can get your details by court order, so it can follow the claim up.

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

The company can keep chasing it, use a licensed debt collector, get your details by court order and sue you in the Magistrates Court. If it proves its claim, you can be ordered to pay, and no official source we checked says that judgment stays off your credit report. Reply in writing if you dispute it, and answer court papers by their date.

Can a private parking company take me to court in WA?

Yes. A claim of this size can be brought in the Magistrates Court, where up to $10,000 can be heard as a minor case. Legal Aid WA says a claimant should send a letter of demand first, and must do so to recover the cost of lodging the claim. A response must normally be lodged within 14 days after service.

Can they get my address from my number plate in WA?

Yes, through a court order. The Department of Transport and Major Infrastructure says court orders “can and do include orders requiring the disclosure of licence plate information to parking companies”. It also says it will never disclose personal information to a third party for direct marketing. A company that sues may be able to get your details by court order.

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

Not in Western Australia. The 2026 change that stops private car park operators getting owner details from the register is a Queensland law. We found no 2025 or 2026 change in WA, and WA’s transport department says court orders “can and do” require it to disclose licence plate information to parking companies.

Will a private parking fine affect my credit score?

No official source we found settles whether an unpaid private parking charge can be listed as a default, so we promise nothing either way. While you dispute a debt, the ACCC says a default listing “should not be made”. A court judgment is different: do not assume it stays off your credit report.

Is a private parking fine legally enforceable?

Only if the company proves its claim in court. To make you pay against your will, it would have to sue, and “proof of the debt lies with the person alleging the debt is owed to them”. Unfair terms in standard-form consumer contracts are void under the Australian Consumer Law, but “Only courts can make final decisions” on that (ACCC).

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

Check it is from the company, not a council officer, then reply in writing with your reasons. Photograph the signs at the entrance you used and keep your payment record. Do not ignore it: in WA the company can get your details by court order. Our $29 letter disputes it on your facts and asks for withdrawal within 14 days.

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

Unclear signs are a strong reason to dispute it, but the notice does not go away on its own. If the company relies on terms on its signs, the Australian Consumer Law asks whether a term is “expressed in reasonably plain language”, “legible”, “presented clearly” and “readily available”. Photograph the entrance you used and say in writing what you could see.

I got a ticket from a council officer in a shopping centre car park – is it a real fine?

It can be. Some WA councils enforce their parking local law in private car parks under an agreement with the landowner, as the City of Stirling does, and a council officer’s ticket there is a council infringement. Dispute it with the council, not the car park company. Payment is due within 28 days after the notice was given unless the council extends it.

Can a private car park clamp or tow my car in WA?

Clamping, no; towing is regulated. “Wheel clamping as a private parking control measure is banned in Western Australia”, and using it on private property is “a $5,000 offence”. Towing from private property is regulated by Part 6A of the Road Traffic Act 1974 and the Road Traffic (Towing of Vehicles) Regulations 2020, and the government called towing a “last resort”.

A debt collector is chasing me for a parking fine – what can they do?

They can ask you to pay, but they must be licensed in WA and must not harass, mislead or threaten you. The ACCC says no more than “3 phone calls a week or 10 a month”. Once you dispute the debt, collection “should stop until this is resolved”. Complain to WA Consumer Protection or the ACCC.

Claim Done is not a law firm and does not give legal advice. This page is general information from official Western Australian and national sources. Whether a particular notice is owed is for the company to prove and, if it sues, for the court to decide.

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