You walked back to your car, found a piece of paper under your wiper, and your stomach dropped. It looks like a ticket. It has a fine amount, a notice number, and urgent language about penalties for non-payment. But something feels off — it wasn't issued by the police. It came from a private company.
So the question is: do you actually have to pay it?
The short answer is: probably not in the way you think. But the full answer requires understanding what "enforceable" actually means when it comes to private parking notices.
Government Tickets vs. Private Parking Notices
The single most important thing to understand is the difference between a government-issued parking ticket and a private parking company notice. They look similar by design — private companies deliberately style their notices to resemble official citations. But legally, they are completely different things.
| Government Ticket | Private Notice | |
|---|---|---|
| Issued by | Police or municipal authority | Private company |
| Legal status | Criminal or civil citation | Civil demand letter |
| Affects license | Yes | No |
| Affects driving record | Yes | No |
| Can issue warrant | Yes (if unpaid) | No |
| Court enforceable | Yes | Rarely |
| Can go to collections | N/A | Yes |
| Can affect credit | Via court judgment | Via collections agency |
A government ticket is backed by law. Ignore it long enough and a court can issue a warrant, suspend your license, or garnish your wages. A private notice has none of that power. It is, at its core, a letter from a business claiming you owe them money.
What "Enforceable" Actually Means
When we say a private parking notice is "not enforceable," we don't mean the company has zero options. We mean they cannot use the government's enforcement tools — no warrants, no license suspensions, no points on your record.
What they can do is treat the unpaid notice as a debt. Specifically, they can:
- Send the unpaid amount to a collections agency
- Have the collections agency report it to credit bureaus
- Theoretically sue you in small claims court (though this is rare for amounts under $150)
The collections/credit threat is the real enforcement mechanism for private parking companies. It's not the law backing them up — it's the credit system.
When Private Companies CAN Collect
A private parking company has the strongest position when:
- Signage was clear, conspicuous, and stated the fine amount
- You actually parked there and violated the posted terms
- The payment system was functioning and you chose not to pay
- The notice amount matches what was posted on signs
In these situations, there is a reasonable argument that you entered into a contract (by parking on their property with posted terms) and breached it. Disputing is still possible, but the ground is less favorable.
When Private Companies CAN'T Collect
Your case for disputing is strongest when:
- You paid and have proof (receipt, confirmation email, app screenshot)
- The payment system malfunctioned
- Signage was missing, unclear, obscured, or didn't state the fine amount
- Your vehicle wasn't actually at the location (plate misread by LPR camera)
- The company has a documented history of errors (e.g., PRRS with 2,000+ BBB complaints)
- The fine amount is significantly higher than what was posted
Your Secret Weapon: The FDCPA
If a private parking notice goes to collections, federal law gives you a powerful tool. Under the Fair Debt Collection Practices Act (15 U.S.C. § 1692g), you have 30 days from a collector's first contact to demand debt validation. The collector must:
- Prove the debt is valid
- Prove you owe it
- Prove they're authorized to collect it
- Stop all collection activity until they provide this proof
Many private parking debts cannot survive this scrutiny, especially when the original notice was based on faulty LPR technology or a malfunctioning payment system.
Should You Pay or Dispute?
Here's an honest framework:
Consider paying if: You genuinely violated clearly posted terms, the amount is reasonable, and you don't want to deal with potential collections hassle. Sometimes $50-$100 isn't worth the time investment of a formal dispute.
Dispute if: You paid and have proof, the system failed, signage was inadequate, you weren't there, the company has a pattern of errors, or the amount seems excessive. In these cases, you have both the legal right and a strong factual basis to challenge the notice.
Never just ignore it. If you decide not to pay, formally dispute it. Ignoring a notice entirely leaves the company free to send it to collections without any record of you contesting it. A written dispute creates documentation that protects you.