Parking at a Store – How to Avoid an Unfair Charge

Parking at a store – it’s not always a fine

Car parks at shops and shopping centres are increasingly run by private companies. After an ordinary shopping trip, many drivers find a payment demand under their wiper or in their mailbox, and instinctively treat it as a fine that cannot be disputed. In reality, the situation looks quite different.

A contractual fee, not an administrative penalty

Charges for parking outside stores are not fines in the legal sense. They are contractual fees arising from the car park’s terms and conditions. Such a contract is concluded the moment a driver enters the car park, but only if the driver had a genuine opportunity to read the applicable rules beforehand. If that opportunity did not exist, the very basis for charging the fee may be doubtful.

Why the terms and conditions matter so much

Parking rules should be presented clearly and legibly right at the entrance, so that a driver can read them before deciding to park. This includes the maximum parking time, the obligation to take a ticket or register a licence plate, the amount of the additional fee, and the car park operator’s details. If the signs are small, illegible, obscured, or only appear once you are already inside the car park, the validity of the charge can be effectively challenged. A lack of clear information may mean that no contract was ever concluded at all.

A payment demand is not an official decision

A demand issued by a private parking company is not an administrative decision. It does not provide grounds for immediate enforcement or bailiff action. If the operator wants to pursue payment, it must present its case in court and prove it there. Importantly, threatening automatic debt collection or enforcement has repeatedly been found by Poland’s consumer protection authority (UOKiK) to be a practice that misleads consumers.

Not having a ticket doesn’t always mean the driver is at fault

Many car parks offer a free parking period, but only on condition that a ticket is taken or a licence plate is entered at a terminal. Problems arise when the pay machine is not working, the ticket falls off the dashboard, or the system records the vehicle’s plate incorrectly. In such situations, it is worth keeping the store receipt and taking a photo of the pay machine or the terms and conditions. Very often, that is enough to file a successful complaint.

Do you have to pay every charge?

Not every charge is justified. The operator should be able to show that the car park was properly marked, that the rules were genuinely breached, and that appropriate documentation exists, such as photos confirming the parking time. If any of these elements is missing, the driver is entitled to refuse payment and file a complaint.

Filing a complaint – it is fully within your rights

A complaint is civil in nature and does not have to be submitted solely through an online form. It can be sent by email, by post, or filed in person. The business has fourteen days to respond, and failure to respond within that period means the complaint is deemed accepted. It is enough to briefly describe the situation and attach any available evidence, such as a receipt, photos of the car park signage, or the ticket.

UOKiK is on drivers’ side

UOKiK’s position on such cases is unambiguous. In 2024, the President of the Office ordered the operator WEIP to refund unfairly collected charges, because the company was imposing penalties despite valid tickets, rejecting complaints, and threatening customers with debt-collection costs. Similar practices have also been challenged in relation to other operators, including APCOA. UOKiK has made clear that a complaint may take any form, that consumers must not be misled, and that threatening debt collection without a court judgment is unfair.

Facing a similar problem?

If you have received a payment demand for parking outside a store and are not sure whether it is justified, it is worth having your situation reviewed before making any payment. Analysing the documents and the circumstances often makes it possible to assess whether the charge should really be paid and what further steps can be taken.