Private Parking 'Invoice' Is Not a Government Citation
Many private parking lot operators in Texas (especially around medical centres, sports venues, and apartment guest spots) issue paper 'tickets' that look like government parking tickets but are actually private contractual demands for liquidated damages. These are NOT enforceable as parking citations and cannot result in DMV registration holds. They are pursuable only as breach-of-contract actions in JP court. Texas does not adopt the UK 'parking charge notice' doctrine, and Texas case law (e.g., Fairlie v. Royal Towing) is hostile to private operators trying to dress up demand letters as citations. You may simply ignore most private 'invoices' unless they prove actual damages.
Legal basis
Texas common law of contract; Tex. Bus. & Com. Code § 17.46 (deceptive practices); Tex. Occ. Code § 2308 (towing) which is the ONLY enforcement mechanism on private lots
Sample appeal wording
TO: [PRIVATE PARKING OPERATOR] RE: Notice [NUMBER] This 'ticket' is not a government-issued parking citation. It is at most a claim of contractual liquidated damages, which Texas common law does not enforce absent: (1) an enforceable contract (sign-as-offer, parking-as-acceptance) where the damages are a reasonable estimate of actual harm and not a penalty; and (2) proof of those actual damages. I dispute the existence of any contract and the reasonableness of the alleged damages. The notice cannot be reported to TxDMV (Tex. Transp. Code provides no registration-hold mechanism for private parking demands), and any threat to do so may violate the Texas DTPA (§ 17.46) and the federal FDCPA. Cease and desist or file suit in JP court where I will defend on the merits and counterclaim for DTPA damages. Signed: ____________ Date: __________
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Texas common law of contract (liquidated damages)
- Tex. Bus. & Com. Code Ch. 17 (DTPA)
- FDCPA, 15 U.S.C. § 1692