Millions of pounds of parking penalties could have been charged illegally, according to the RAC Foundation.
Penalties for overstays in car parks on private land could in some cases be unenforceable in court, barrister John de Waal QC said in a legal opinion for the charity.
He said the penalties - sometimes up to £100 or more - were much more expensive than compensation for a genuine loss.
The foundation said it wanted to see its argument tested in court.
And it is also calling for the government to ensure that extra parking charges are "reasonable and enforceable".
Possible refundsMr de Waal said parking companies were levying charges on drivers which were disproportionate to the losses suffered by landowners as a result of motorists' actions.
He said the charges should be seen by the courts as penalties, which would mean they were unenforceable.
The Protection of Freedoms Act 2012 banned clamping, towing, blocking-in or immobilising a vehicle without lawful authority on private land, in a bid to end abuses by rogue clamping firms.
However, the foundation said that private car parks were now using overstay fines as an alternative, with a system of ticketing which was "barely regulated".
Drivers who stay longer than the time they have paid for may receive tickets demanding payments of up to £100, and significantly more in some cases, the foundation added.
It cited the case of a woman from High Wycombe who, in 2014, had been penalty charged £100 for overstaying in a car park which cost 20p per hour.
The foundation's director, Professor Stephen Glaister, estimated the overcharging may have reached £100m in 2013 and said millions of drivers could be due a refund.
"We would like to see this legal argument tested in a higher court so that a binding precedent is set," he said.
'Barely regulated'He also said a case coming to the Court of Appeal next week, regarding a motorist who is contesting an £85 charge, could establish a precedent in law if the motorist wins.
"In that circumstance, our understanding is that people who've been charged unreasonable amounts in the past will find that that charge is unenforceable in the courts.
"In other words, they will have a case to get that money repaid."
A Department for Transport spokeswoman said: "This government is on the side of the motorist and we have been clear that we want to see an end to unfair parking practices - including taking strong action to ban clamping on private land.
"Parking in private car parks means that motorists enter a contract with the landowner and the courts must decide if the level of a parking fine is justified should there be a dispute."
The report also said European consumer legislation - which requires contracts to be fair - means so-called "early payment discounts" of fines could also be unlawful because they constitute a "price escalation clause".
It said that when parking signs are not clear or prominently displayed, the charge could also be challenged on the grounds of unfairness.
Have you been affected by the issues raised in this story? You can email haveyoursay@bbc.co.uk with your experience. Please include a telephone number if you are willing to be contacted by a BBC journalist.
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