Page 1 of 2 12 LastLast
Results 1 to 25 of 30

Thread: Private lot parking ticket?

  1. #1
    Regular Member
    Join Date
    Jan 2009
    Posts
    642

    Private lot parking ticket?

    My wife came home with a "parking ticket" from a private lot. the front of it says real big "This is not a government citation."
    The ticket top says "This is NOT a parking citation. PCS is not a government of affiliated agency."
    then it has the date and time and the "charge" and description of "walk off"
    Amount: $63
    or $40 if you pay early

    So should we pay or not? The only reason I would pay is if they create a "tow list" or something. Im also thinking of maybe sending monopoly money.
    When injustice becomes law, resistance becomes duty.

  2. #2
    Regular Member
    Join Date
    Aug 2010
    Location
    America
    Posts
    2,226
    Quote Originally Posted by dirtykoala View Post
    My wife came home with a "parking ticket" from a private lot. the front of it says real big "This is not a government citation."
    The ticket top says "This is NOT a parking citation. PCS is not a government of affiliated agency."
    then it has the date and time and the "charge" and description of "walk off"
    Amount: $63
    or $40 if you pay early

    So should we pay or not? The only reason I would pay is if they create a "tow list" or something. Im also thinking of maybe sending monopoly money.
    Can you give more info? An account of what happened, the full text or at least more off the ticket and who's parking lott would be nice.

  3. #3
    Regular Member MKEgal's Avatar
    Join Date
    Jan 2010
    Location
    in front of my computer, WI
    Posts
    4,426
    They want to fine her for OC? Or for having a gun in the car? Or what???
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

  4. #4
    Regular Member
    Join Date
    Jan 2009
    Posts
    642
    Quote Originally Posted by Daylen View Post
    Can you give more info? An account of what happened, the full text or at least more off the ticket and who's parking lott would be nice.
    Yeah, sorry. Writing while distracted.

    My wife has a hard time finding parking near her work, so she sometimes parks across the street at a shopping center. This morning she parked at the shopping center then walked across the street to work.

    Heres the "ticket"





    the back:

    Last edited by dirtykoala; 12-07-2010 at 11:04 PM.
    When injustice becomes law, resistance becomes duty.

  5. #5
    Regular Member
    Join Date
    Oct 2008
    Location
    Fallon, Nevada, USA
    Posts
    5,580
    I urge you to photoshop or paint out the lic #, among other identifying info.
    THEN post it back if you want.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  6. #6
    Regular Member
    Join Date
    Jan 2009
    Posts
    642
    Quote Originally Posted by NavyLT View Post
    Sounds like she parked in a payment required parking lot. The operators think she didn't pay. If they have evidence that she didn't pay, they could probably turn it into a small claims lawsuit.

    I would say the circumstances surrounding parking there would determine whether to ignore it or not.
    No, you dont have to pay to park there, its near a high school and they dont want the kids parking there and going to school all day, so they hand out these tickets to people that have been parked there for what seems to be too long to be shopping.
    When injustice becomes law, resistance becomes duty.

  7. #7
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063
    I don't know what CA law controls in this situation, but it sounds like they are trying to keep you from checking out their ability to enforce this "fine." I suspect that they are counting on folks paying it or not questioning it. Even if folks question it, they are counting on being the ones answering the question.

    There seems to be little question that your wife parked where she shouldn't have. However, if these folks want to enforce their "fine," there will have to be a law that allows for it, and you can demand your day in civil court before paying it.

    I suggest you research the CA code. Unless you could also get nailed for court costs, say nothing unless they take you to court. Even then, shouldn't they have to prove their case by a preponderance of the evidence? How do they know your wife did not walk across the street for an errand, and then return to one of the businesses that use their parking lot? I don't see how they prove their case against a simple denial.

    IANAL.

  8. #8
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063
    Quote Originally Posted by dirtykoala View Post
    No, you dont have to pay to park there, its near a high school and they dont want the kids parking there and going to school all day, so they hand out these tickets to people that have been parked there for what seems to be too long to be shopping.
    Based upon what is written on the "citation," I'd say that they wrote it because they observed the lady parking her car in their lot and then "walking off" to another establishment.

    I recommend that he look for an applicable section in the CA code.

  9. #9
    Regular Member
    Join Date
    Jan 2009
    Posts
    642
    thanks for the quick replies everyone!

    yeah, im not gonna defend her parking there. there probably was a sign somewhere that said not too, but im not sure. but the top of the ticket saying "This is NOT a Parking Citation..." made me think that this "ticket" is sort of an option.

    i dont think this could get to court. i know the owner of the shopping center, i just dont want to talk tot him about something as petty as this.
    When injustice becomes law, resistance becomes duty.

  10. #10
    Regular Member
    Join Date
    Jun 2008
    Location
    Washington
    Posts
    2,546
    Quote Originally Posted by wrightme View Post
    I urge you to photoshop or paint out the lic #, among other identifying info.
    THEN post it back if you want.
    I would use something other than spiral, which doesn't destroy any data. Use gaussian blur or black boxes.
    "If we were to ever consider citizenship as the least bit matter of merit instead of birthright, imagine who should be selected as deserved representation of our democracy: someone who would risk their daily livelihood to cast an individually statistically insignificant vote, or those who wrap themselves in the flag against slightest slights." - agenthex

  11. #11
    Regular Member
    Join Date
    Jan 2009
    Posts
    642
    alright... so the plate number that was posted isnt registered to anyone as far as i know, but it should be fixed now.

    can anyone see "my" plate number anymore??
    When injustice becomes law, resistance becomes duty.

  12. #12
    Regular Member sultan62's Avatar
    Join Date
    Jul 2010
    Location
    Clayton, NC
    Posts
    1,319
    Quote Originally Posted by dirtykoala View Post
    alright... so the plate number that was posted isnt registered to anyone as far as i know, but it should be fixed now.

    can anyone see "my" plate number anymore??
    I'm not sure if this is what you mean, but if the license plate number was inaccurate, I don't see how any of this could matter in the slightest.
    "They don't give a damn about any trumpet playing band
    It ain't what they call rock and roll
    And the Sultans...
    Yeah the Sultans, they play Creole"

    OCDO Member
    NCGO Member

  13. #13
    Regular Member
    Join Date
    Jul 2009
    Location
    Ohio, USA
    Posts
    1,558
    Talk to an attorney.

  14. #14
    Regular Member
    Join Date
    Oct 2008
    Location
    Fallon, Nevada, USA
    Posts
    5,580
    http://www.atg.wa.gov/BlogPost.aspx?id=19814

    Also, google (or other search) for something like: private parking lot "ticket"
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  15. #15
    Regular Member
    Join Date
    Jul 2009
    Location
    Ohio, USA
    Posts
    1,558
    Quote Originally Posted by NavyLT View Post
    That would be guaranteed to cost more than the "fine"!
    Most any real good attorneys will talk to you for free and payment starts if you use their court services. Looks like a simple threat in what they sent you. "pay up or else', for all you know its another scam. They could have easily put these on a other dozen cars besides your wife and I have seen this done a few times here in OH( to include me). Most tickets cost more than any attorney fee you may get for asking for legal advice, makes you wounder why they are asking for 40 bucks if you just go along and pay early. Personally I would look up the law myself and it sounds to me that they are fishing for money. Talking to your local prosecutor and in my case cost me nothing and it got it cleared up that week. Basically, they operate on scare tactics, hoping to make people pay up quickly, because it's expensive for them to actually follow through on their stated actions.



    I dug this up from a couple of years ago. Here's a sample "demand letter" that I sent to a local parking company, and received a positive response from them saying "just give us a call next time, and we'll take care of it". I'd still write a letter, registered mail, with return receipt, and keep it for your records... hope it helps.

    To:
    "PARKING COMPANY NAME", Inc.
    PO Box PARKING COMPANY ADDRESS
    Seattle, WA 98109

    "INSERT DATE"

    Dear "PARKING COMPANY" Representative:

    Please be advised that I did indeed pay an evening-time parking fee of $5 for space #21 at the Capitol Hill lot located just behind and adjacent to "RESTAURANT NAME HERE" on the evening of "DATE OF TICKET HERE". The make of my car is a "CAR MODEL HERE" license plate # 555XXX.

    A witness who was with me will attest that I parked in space number 21, placed a $5.00 bill in the slot for space number 21 on that evening, and that she saw the parking fee ticket on my windshield when we returned.

    Please remove me from your collections list as soon as possible. Should my vehicle be impounded in the future, or any collections commenced against me due to this incident, you may be liable for all damages, including but not limited to court costs, and attorney's fees relating to being wrongfully placed on your collections list.

    Please respond in writing that you have removed me from your collections list.

    Thank you for your attention,

    It can easily change to fit your situation and again they operate on scare tactics, hoping to make people pay up quickly, because it's expensive for them to actually follow through on their stated actions.
    Last edited by zack991; 12-08-2010 at 12:28 AM.

  16. #16
    Regular Member
    Join Date
    Jul 2009
    Location
    Ohio, USA
    Posts
    1,558
    http://www.trafficviolationlawfirms....arking-tickets

    Private Parking Tickets

    "If you park in a private parking lot when you are not authorized to do so, you may receive a private parking "ticket", or notice of a fine owed to the private company that owns the parking lot. Even worse, the private company may have your vehicle by using a "clamp" or "boot" mechanism, or tow and impound your car altogether, which results in even more money out of pocket for you. You might have one of these unpleasant experiences if, for example, you parking in a private lot without paying, if you leave your vehicle in the lot beyond a specified period of time, or if you park in a reserved spot. Private parking tickets, however, are not tickets such as those issued by law enforcement, no matter how "official" they might look. In fact, private parking tickets are simply "bills" for unlawfully using the private parking lot. Under contract law, you have contracted with the private company in order to park in its lot, and then violated that contract. If you feel you have fined unfairly, you will need to contact the private company and dispute the ticket, which is often successful.}

    I have fought several and every time they have backed off and I had to pay nothing . A simple letter or phone call goes a long away and in most cases you will pay nothing.
    Last edited by zack991; 12-08-2010 at 12:35 AM.

  17. #17
    Regular Member
    Join Date
    Mar 2010
    Location
    Jefferson City, Missouri, USA
    Posts
    396
    I wouldn't bother with the ticket or even sweat it if it was me. I would just be thankful that my car wasn't towed and wouldn't park in that lot like that again unless doing business there.

  18. #18
    Regular Member
    Join Date
    Nov 2010
    Location
    West Texas
    Posts
    596
    IF wouldnt pay them nothing!
    A friend of mine got something like that one time. He wiped his butt with it and mailed it back to them!
    Make up you own ticket and mail it to them. Charge them $500 for being a bunch of stupid idiots!

  19. #19
    Regular Member
    Join Date
    Jan 2009
    Posts
    642
    heres some info i found on the company that "issued" the "citation"
    http://www.marinij.com/ci_7706352

    this is from the company web site:
    Towing Vs. Fee Notices

    Towing results in the vehicle owner experiencing the distress of a missing vehicle. The vehicle is often entered into by the tow company. The owner must find transportation to the tow yard. Towing and the related charges are very costly. Towing often results in extreme frustration, anxiety, anger and loss of a great deal of time. There is loss of customer, employee or tenant goodwill as THERE IS NO WAY TO UNDO A TOWED VEHICLE.

    PCS’s fee notices are far less intrusive and far less costly. Errant fee notices are easily dismissed. The vehicle is never moved, nor entered into. The owner need not leave the parking area and is never severely inconvenienced. A fee notice in a brightly colored envelope carefully placed on the windshield of an offender is a further deterrent to other potential scofflaws.

    and the vehicle code: (not sure how this pertains to private lots, or private companies)

    40202. (a) If a vehicle is unattended during the time of the violation, the peace officer or person authorized to enforce parking laws and regulations shall securely attach to the vehicle a notice of parking violation setting forth the violation, including reference to the section of this code or of the Public Resources Code, the local ordinance, or the federal statute or regulation so violated; the date; the approximate time thereof; the location where the violation occurred; a statement printed on the notice indicating that the date of payment is required to be made not later than 21 calendar days from the date of citation issuance; and the procedure for the registered owner, lessee, or rentee to deposit the parking penalty or, pursuant to Section 40215, contest the citation. The notice of parking violation shall also set forth the vehicle license number and registration expiration date if they are visible, the last four digits of the vehicle identification number, if that number is readable through the windshield, the color of the vehicle, and, if possible, the make of the vehicle. The notice of parking violation, or copy thereof, shall be considered a record kept in the ordinary course of business of the issuing agency and the processing agency and shall be prima facie evidence of the facts contained therein.

    (b) The notice of parking violation shall be served by attaching it to the vehicle either under the windshield wiper or in another conspicuous place upon the vehicle so as to be easily observed by the person in charge of the vehicle upon the return of that person.

    (c) Once the issuing officer has prepared the notice of parking violation and has attached it to the vehicle as provided in subdivisions (a) and (b), the officer shall file the notice with the processing agency. Any person, including the issuing officer and any member of the officer's department or agency, or any peace officer who alters, conceals, modifies, nullifies, or destroys, or causes to be altered, concealed, modified, nullified, or destroyed the face of the remaining original or any copy of a citation that was retained by the officer, for any reason, before it is filed with the processing agency or with a person authorized to receive the deposit of the parking penalty, is guilty of a misdemeanor.

    (d) If, during the issuance of a notice of parking violation, without regard to whether the vehicle was initially attended or unattended, the vehicle is driven away prior to attaching the notice to the vehicle, the issuing officer shall file the notice with the processing agency. The processing agency shall mail, within 15 calendar days of issuance of the notice of parking violation, a copy of the notice of parking violation or transmit an electronic facsimile of the notice to the registered owner.

    (e) If, within 21 days after the notice of parking violation is attached to the vehicle, the issuing officer or the issuing agency determines that, in the interest of justice, the notice of parking violation should be canceled, the issuing agency, pursuant to subdivision (a) of Section 40215, shall cancel the notice of parking violation or, if the issuing agency has contracted with a processing agency, shall notify the processing agency to cancel the notice of parking violation pursuant to subdivision (a) of Section 40215. The reason for the cancellation shall be set forth in writing.
    Last edited by dirtykoala; 12-08-2010 at 02:02 AM.
    When injustice becomes law, resistance becomes duty.

  20. #20
    Regular Member
    Join Date
    Mar 2010
    Location
    Seattle, Washington, USA
    Posts
    923
    Quote Originally Posted by wrightme View Post
    http://www.atg.wa.gov/BlogPost.aspx?id=19814

    Also, google (or other search) for something like: private parking lot "ticket"

    This is a Washington state AG opinion, the "ticket" is from CA.
    A wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government.- Thomas Jefferson March 4 1801

  21. #21
    Regular Member
    Join Date
    Mar 2010
    Location
    Seattle, Washington, USA
    Posts
    923
    Absent a law that authorizes them to charge a fine. ( I doubt there is one but there might be) They would have to take you to court to enforce it.

    Don't just ignore it though, There is little doubt that they have the name and address of the vehicles registered owner. If you ignore the ticket it will go to a collection agency.

    Write a letter to the parking company asking them what authority they have to charge you.
    Tell them you do not agree with the charge and refuse to pay it. The failure to dispute the "fine" might be seen as passive consent to the "fine", or at least they might try to argue that.
    Do not admit to parking there and leaving. It is up to them to prove your wife did it.
    Go to the lot and see if the signs are clearly visible from where she parked. also I would think the signs would have to specifically mention the fine.

    Is her car registered to you? If so simply tell them that you are not responsible to pay for someone else parking in their facility. The "fine" is issued to the registered owner if the registerd owner wasn't driving then........
    A wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government.- Thomas Jefferson March 4 1801

  22. #22
    Regular Member
    Join Date
    Oct 2008
    Location
    Fallon, Nevada, USA
    Posts
    5,580
    Quote Originally Posted by END_THE_FED View Post
    This is a Washington state AG opinion, the "ticket" is from CA.
    I understood that when I posted it. It doesn't matter. It was simply an example. I found it using the "search" that I recommended.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  23. #23
    Banned
    Join Date
    Oct 2009
    Location
    , ,
    Posts
    51
    thanks for doing the

    research in the jurisdiction

    rather than talkin out

    thru opinion from nv

  24. #24
    Banned
    Join Date
    Jan 2010
    Location
    Fairborn, Ohio, USA
    Posts
    13,063
    Quote Originally Posted by Big Guy View Post
    thanks for doing the

    research in the jurisdiction

    rather than talkin out

    thru opinion from nv
    Huh???

  25. #25
    Regular Member
    Join Date
    Mar 2010
    Location
    Seattle, Washington, USA
    Posts
    923
    Quote Originally Posted by eye95 View Post
    Huh???

    What's the matter eye95? Don't have your gibberish to English dictionary handy?
    A wise and frugal Government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government.- Thomas Jefferson March 4 1801

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •