faq13

Disclaimer: the author of this website is not a lawyer and this site does not constitute legal advice. All information on this website is of a general nature only.

13. I am concerned about the way the fines keep increasing. Could this send me broke one day?

Question: Every time they write to me, the amount they are claiming seems to go up. I am worried that one day they could try to force me to pay it. Without actually paying the fine, what can I do to stop the fines from increasing? I know it is unlikely that will take me to court, that they have never taken anyone to court in Victoria, and the few times they tried in NSW they lost, but what if they did take me to court and I lost? I am so worried about this, I am actually considering paying the fine, even though I know I shouldn't have to.

Answer. The advice not to pay private car parking companies fines is based on advice from people such as Sean Hardy (a leading traffic lawyer/barrister). If you have not written to them admitting that you were driving the car when it was parked in their car park, and either know it wasn't you who parked it there, or can't remember who drove the car that day, then you would be likely to win any court action they took against you.

However, if you are still worried about this, can't sleep at night, or perhaps you have written to them admitting you were driving, then there are two things you can do to stop the fines from increasing.

Step 1 deny liability

The first thing you should do is write to them and deny liability. I have a proforma on this page that shows how to word the denial. The likely result is they will stop writing to you. But some of more unscrupulous companies have been known to continue writing asking for payments. If they continue to write to you, and at the same time increase their claims, you can rest assured that any such claims would be unlawful, and if the ever took you to court, they would not be able to claim any increases that occured after you had written to them denying liability. Sean Hardy (the leading traffic barrister has taken a look at my proforma and given the thumbs up http://www.trafficlaw.com.au/forum/viewtopic.php?f=30&t=538&start=324#p10578 The letter doesn't stop them taking eventual court action but it limits the amount they can claim from any such action.

Step 2 apply to VCAT

Suppose you have follow my step 1 advice and written to them denying liability. But you are still nervous because you are worried they will still take you to court and you still can't sleep at night (or perhaps they have continued send the letters to you). You are so worried about this that you think the only way out for you is to pay the fine, even though you know you shouldn't have to. There is still one more thing you can do if you live in Victoria, and that is apply to VCAT (if you live in Victoria). The advantage of taking this course of action is that you have your day in court now, and so the costs can't keep increasing. The disadvantage of taking this course of action is that when you have your day in court (in VCAT or CTTT) is that is costs $35 to lodge an application, and there is always the possibility you could actually lose (although to date, ANCP have always withdrawn the fine when anyone has lodged a vcat application. This option is explained more on this page.