NSW Can Police Issue - Parking Fines in Private Parking?

[brook east]

Can the NSW police issue me a fine for parking (parking fines) in a very poorly signed disabled park in a privately owned car park?

 

[Do I need a Lawyer]

Was it the NSW Police who issued the fine?

 

[brook east]

yes , a highway patrol officer drove past it and must have written it up at the station.

 

[Do I need a Lawyer]

Hi Brook,

Can you provide a little more detail about the issue? for instance, are we talking about a shopping centre style carpark or a unit complex etc?

 

[brook east]

Hi Brook,

Can you provide a little more detail about the issue? for instance, are we talking about a shopping centre style carpark or a unit complex etc?

It is in a privately owned shopping centre carpark.

 

[Rod]

In Vic the shopping centre car park owner can write to the police and request that their property be covered by the Vic Road Rules Act. If the police accept, this gives police jurisdiction to issue fines. Not sure if the same thing is possible in NSW.

 

[Phildo]

There will likely be some sort of Australian standard that applies to such signage.

Signs be a certain size, displayed in a certain way, etc.

That will possibly be your defence. Time to find the relevant standards and do some very, very boring reading.

 

[PeanutLuver]

Have heard that in Brisbane/Qld some private car parks at shopping centres where the Police can issue parking tickets for parking in disabled parking spaces - ie Westfield shopping centres in Brisbane. Don't know about other private shopping centre car parks - haven't heard they do - maybe the company has to apply.

Believe at Airports in Australia you can get fined for improper parking eg disabled & other spots - it might be done by police or if their staff are permitted (not sure tho). Airports probably a special case - land may be state or federal owned too (?)

 

[Dorizzdt]

Have heard that in Brisbane/Qld some private car parks at shopping centres where the Police can issue parking tickets for parking in disabled parking spaces - ie Westfield shopping centres in Brisbane. Don't know about other private shopping centre car parks - haven't heard they do - maybe the company has to apply.)

Yesterday, I saw QLD Police fining folks who enter the Springfield Orion Shopping Centre car park for using their facilities to park while commuting each day on the train to Brisbane.

It kind of baffled me as to what citation that they could issue, given a few variables:

• What defines a commuter?
• What defines a customer?
• How did they know each persons association with either of those definitions.

For example the shopping centre in question has some broad Terms & Conditions upon entering specific parts of the shopping centre (not all entrances). They speak to the terms broadly of a "commuter" and "customer" but don't clarify the two. If a person uses their car park for commute to nearby train station but then on the way home buys goods in said shopping centre, does that qualify them to be a customer and not a commuter - what is the limitation on time required ot make a purchase in order to qualify for a legitimate car park.

What if a customer goes into the facilities, doesn't buy anything for 6hrs while window shopping and returns to their vehicle - how does one determine if they were legitimate or illegitimate use of said carpark.

 

[Adam1user]

It is in a privately owned shopping centre carpark.

I have not read all comments, so I am not sure if anyone has already answered it, the term "private car park" in a shopping centre is a public area, although privately owned by the shopping centre but it is not private property as the public have access to it, meaning anyone from the public can go and park there. The term "private parking" as in the sense of meaning "private" should be like a private property such as a house, farm etc....., therefore, the police have the authority to issue infringements in shopping centre parking areas (or similar areas). I don't recommend disputing this infringement on the basis of private property as you will certainly lose and pay the court fees as well.
From what you wrote, if you can show that the disabled sign was not clear or hidden and you did not see it, you may have a chance, go and take pictures of the sign.
Good luck.
Yes, I, once, got an infringement in a shopping centre car park. If you are interested in reading my story see: NSW - Riding a Scooter in Car Park Without a Helmet?