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ARTICLE · 20 FEBRUARY 2023

Are private parking fines lawful?

Holding Redlich
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A person parking on private property is a trespasser unless the landowner has consented to the parking.

AustraliaCriminal Law
Peter Nugent
Peter Nugent
Katie Yu
Katie Yu
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The use of private parking fines and penalties is currently a hot topic in the Brisbane media. Queensland Transport Minister Mark Bailey has foreshadowed a 'crack-down' on private car park owners in the coming months. One of the complaints is that the operators are accessing registration data to send penalty claims to registered car owners.

In this article, we answer key questions regarding penalties for illegal parking to help landlords and car park operators understand their legal position.

Who can charge penalties?

Under Australian law, only courts and governments can charge and impose penalties for illegal parking. The owners of private property cannot issue such fines or penalties. Any claim by a private person must be established under a contract or through a court action for trespass.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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