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-- Private Lot Parking Tickets - yet another parking scam!


Posted by Jayx1 on May-24-2007 13:54:

Private Lot Parking Tickets - yet another parking scam!

Just to let you guys in on a little scam that is going on within the city of Toronto.

I parked my car yesterday at an IMPARK lot for half an hour. I had taken my ticket at the gate and then paid for it as i left with a LIVE attendant. While i was inside i recieved a parking ticket from IMPARK for $40 for "improperly displaying tag". Essentially they were trying to tell me that the tag was upside down.

What are the laws and what did i do about it?

Well after several phone calls to the bylaw dep, city clerk, and finally Toronto Police Service i was informed that the private issued ticket was not valid. I was told that SOME private operaters are police certified. However, these tickets must then have a Police or city logo on them and information from the city. Also you must have contrevened an actual city bylaw, not a made up one by property owners.

I was also informed by the police that althought they threaten to take you to collection, they rarely do due to cost. Also, they cannot arbitrarily tow your car the next time you park there. They must have permission from the police otherwise it's theft.

So i called IMPARK itself. I informed them that this ticket was in violation of Toronto By-law 540-2005 and they promptly "cancelled" the ticket no questions asked.

Just a warning to anyone else who gets caught up in this scam. DONT PAY THE TICKET!!!! These people thrive on the ignorance of the general population because the ticket looks very official. All it is is a cash grab!!! (well so are municipal ones but thats a different jerry springer show!)


Posted by Lightshow on May-24-2007 14:11:

thanks for the heads up


Posted by Cosmic Fur on May-24-2007 14:38:

Re: Private Lot Parking Tickets - yet another parking scam!

quote:
Originally posted by Jayx1
(well so are municipal ones but thats a different jerry springer show!)


Lol, you just couldn't resist, could you?


Posted by Turntabulls on May-24-2007 14:44:

did the police say they were going do something to prevent this in the future?


Posted by devnull on May-24-2007 16:08:

quote:
Originally posted by Turntabulls
did the police say they were going do something to prevent this in the future?


probably not as they are too busy doing the sound police lol


Posted by Jayx1 on May-24-2007 16:44:

quote:
Originally posted by Turntabulls
did the police say they were going do something to prevent this in the future?


apparently the bylaw that actually allows the police to fine these guys was overturned last year. The cop told me that the city is fighting to appeal the decision. However, he said that in no way does that justify the ticket. It's no different than me issuing you a ticket because you went into my backyard. Obviously it has no legal standing.


Posted by rabbitjoker on May-24-2007 17:13:

This has been posted before.


Posted by Jayx1 on May-24-2007 17:44:

quote:
Originally posted by rabbitjoker
This has been posted before.


My experience hasnt as it happened yesterday.Either way it deserves to be posted again. The more people who are made aware/reminded of this, the less these parking pirates will get away with it.


Posted by Jem_hadar on May-24-2007 17:52:

Thanks Jay for the info.

A blessing having you back on the boards again

Cheers


Posted by MarkT on May-24-2007 18:08:

quote:
Originally posted by rabbitjoker
This has been posted before.


indeed...old news...but many people may not know their rights and be intimidated by the tow driver and/or impound lot employees.

the tickets are not "illegal", they just are not enforceable.

it's akin to parking your car on someone else's driveway. They have the legal right to remove it. In the case of private parking lots, they also have the right to remove your car (contrary to what that cop told you, Jay, AFAIK, unless the law has changed on removing cars from private property). They generally sign a contract with a tow company who removes cars that don't have paid parking tickets displayed. What IS shady is trying to charge you $100+ to recover your car.

BY LAW, the tow company/impound lot MUST release the car to you AT NO CHARGE, providing you produce ownership + ID (driver's lic). They will then send the ticket/tow charge to a collection agency if you don't pay it. This is apparently legal. You can pay it or have a collection agency contact you and eventually post it to Equifax and it will show on your credit bureau for 6 years, which fucks your credit score HARD.

You can dispute it, take it up with Equifax, etc...but good luck with that.

Essentially, it's a civil matter and the company would have to sue you in small claims court, which they rarely (if ever) will do...probably due to costs and because they know that no judge will side with them for the exorbitant amount they charge for the tow and storage (i.e. it's unjustifiable to charge well over $100 for what amounts to under 30 min. unskilled labour to tow and for a loss of $5-$15 in parking revenue).

it happened to me ~7-8 years ago and continues to go on to this day, it seems! at the time, the storage facility refused to release the car until I called the cops who had to show up. The impound employees are complete assholes.


Posted by Arsalan on May-24-2007 18:33:

quote:
Originally posted by MarkT
indeed...old news...but many people may not know their rights and be intimidated by the tow driver and/or impound lot employees.

the tickets are not "illegal", they just are not enforceable.

it's akin to parking your car on someone else's driveway. They have the legal right to remove it. In the case of private parking lots, they also have the right to remove your car (contrary to what that cop told you, Jay, AFAIK, unless the law has changed on removing cars from private property). They generally sign a contract with a tow company who removes cars that don't have paid parking tickets displayed. What IS shady is trying to charge you $100+ to recover your car.

BY LAW, the tow company/impound lot MUST release the car to you AT NO CHARGE, providing you produce ownership + ID (driver's lic). They will then send the ticket/tow charge to a collection agency if you don't pay it. This is apparently legal. You can pay it or have a collection agency contact you and eventually post it to Equifax and it will show on your credit bureau for 6 years, which fucks your credit score HARD.

You can dispute it, take it up with Equifax, etc...but good luck with that.


i sit next to the equifax team that handle mostly southern ontario, any one need something ?


Posted by Jayx1 on May-24-2007 19:40:

quote:
Originally posted by Jem_hadar
Thanks Jay for the info.

A blessing having you back on the boards again

Cheers


dont expect me to be here much.. i just felt that you should know about this little scam


Posted by Jayx1 on May-24-2007 19:47:

quote:
Originally posted by MarkT
indeed...old news...but many people may not know their rights and be intimidated by the tow driver and/or impound lot employees.

the tickets are not "illegal", they just are not enforceable.

it's akin to parking your car on someone else's driveway. They have the legal right to remove it. In the case of private parking lots, they also have the right to remove your car (contrary to what that cop told you, Jay, AFAIK, unless the law has changed on removing cars from private property). They generally sign a contract with a tow company who removes cars that don't have paid parking tickets displayed. What IS shady is trying to charge you $100+ to recover your car.


in the city of Toronto a car cannot be towed unless the police issue a ticket whether or not they charge you towing fees. If you park your car on someone's driveway you must call the bylaw dept to have them issue a ticket and then it can be removed. IT IS AGAINST THE LAW TO REMOVE A VEHICLE WITHOUT CONSENT OF THE AUTHORITIES EVEN IF ITS ON YOUR OWN PRIVATE PROPERTY. Up until last year these tickets were in fact illegal under city of Toronto bylaw. A judge has since overturned that and the city is fighting it. However, this ticket holds no more weight having been issued by a company as it would if i handed you a ticket written on a napkin for walking on my lawn. Sure they can take you to small claims court over it but they aren't going to win.

B
quote:
Y LAW, the tow company/impound lot MUST release the car to you AT NO CHARGE, providing you produce ownership + ID (driver's lic). They will then send the ticket/tow charge to a collection agency if you don't pay it. This is apparently legal. You can pay it or have a collection agency contact you and eventually post it to Equifax and it will show on your credit bureau for 6 years, which fucks your credit score HARD.
perhaps in other jurisdictions but this is in fact ILLEGAL in Toronto.

quote:
You can dispute it, take it up with Equifax, etc...but good luck with that.
I actually asked the cop on the phone if towing my car without police consent is considered stealing and he said it was. Therefor it shouldnt even get to equifax in the first place.

quote:
Essentially, it's a civil matter and the company would have to sue you in small claims court, which they rarely (if ever) will do...probably due to costs and because they know that no judge will side with them for the exorbitant amount they charge for the tow and storage (i.e. it's unjustifiable to charge well over $100 for what amounts to under 30 min. unskilled labour to tow and for a loss of $5-$15 in parking revenue).


exactly which is why you shouldnt pay in the first place.

quote:
it happened to me ~7-8 years ago and continues to go on to this day, it seems! at the time, the storage facility refused to release the car until I called the cops who had to show up. The impound employees are complete assholes.


You can actually have them charged and sue them for stealing your car. I would have asked for the taxi fare and some sort of small settlement on the spot.


Posted by Knox on May-25-2007 02:27:

wow... thanks for the info..... this will come in handy at my condo at the parking lot "owned by the builders"...... nice....


Posted by Jayx1 on May-25-2007 03:03:

quote:
Originally posted by Knox
wow... thanks for the info..... this will come in handy at my condo at the parking lot "owned by the builders"...... nice....


dont tempt fate. If there is a bylaw or the owners of the lot decide to have you officially charged then you dont have much recourse. This is only about so private so called parking tickets.

Owners do have a right to call bylaw services and have your car towed. But you MUST have a city issued parking ticket.



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