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Question Regarding Parking Tickets when they are on Private Property

Temper Tantrum

TRIBE Member
So I got a parking ticket this evening while at a friends but there is no option (as on the city issued yellow tickets) to contestthe parking ticket via trial.
Is this legal? There must be some way to challenge the ticket.

It says if i pay within 7 days it is 39.50 and otherwise it goes up to 68.50 and if not paid in 30 days is sent to a collection agency.

Does anyone have any experience in relation to private property parking tickets?

Thanks!
 

NemIsis

TRIBE Member
Yes, what is the name?

Most of these are totally illegal. My ticket was $70 @ the lot next to hair of the dog on Church and I was 5 minutes late. I refuse to pay.

You can refuse, but remember you can't park in any of their lots again.
 

saskboy

TRIBE Member
I don't know, but if I may offer an aside that everyone would like to know, if your car gets towed from private property, you do not have to pay the towing company to get your car back. They will say otherwise and most cops are too dumb to know about this rule.
 

Temper Tantrum

TRIBE Member
NemIsis said:
Yes, what is the name?

Most of these are totally illegal. My ticket was $70 @ the lot next to hair of the dog on Church and I was 5 minutes late. I refuse to pay.

You can refuse, but remember you can't park in any of their lots again.
Imperial Parking Canada Corporation
 
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sheik rock

TRIBE Member
saskboy said:
I don't know, but if I may offer an aside that everyone would like to know, if your car gets towed from private property, you do not have to pay the towing company to get your car back. They will say otherwise and most cops are too dumb to know about this rule.
Do you have a reference for this?
 

NemIsis

TRIBE Member
Same company. They jack up the price. The first time my roomie, Landon, told me I didn't have to pay I didn't believe and payed the cost. This time, I refused. I've learned from AshG :) It doesn't go on your credit btw. Landon (who works for a bank), assured me of that.

However, it is private property, so if you use them again, they can tow you.
 

Temper Tantrum

TRIBE Member
^^ Did they send you to a collection agency (the ticket informs me they will :p )? How does it work that it doesn't affect your credit if it is sent to a collection agency? Did you inform them by letter that you were refusing to pay (and is it lawful to do so if there is no way to challenge them?)


Thanks!
 

saskboy

TRIBE Member
sheik rock said:
Do you have a reference for this?
friend(cop) and a ex-girlfriend who's car got towed but the cop liked her so he drove her to the pound and told her what to say and waited outside for her (hot chicks get all the brakes)
 
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R4V4G3D_SKU11S

TRIBE Member
Temper Tantrum said:
^^ Did they send you to a collection agency (the ticket informs me they will
From what I understand, these companies have no access to provincial plate records, so they have no idea who owns the car. Therefore they have no way of sending you to collections.
 

Maui

TRIBE Member
I have Imperial parking threatening me with sending my tickets to a collection agency. I'm not paying so I'll see what they do.

I also tried to register the bike I just bought and they won't register it until I pay the $500 in outstanding parking tickets I owe to the city. I'm going to see what I can do about that today. That is only about 1/3 of the tickets I have outstanding right now. Ouch.

If anyone has advice on how to deal with that I'd appreciate it.
 

Maui

TRIBE Member
Flashy_McFlash said:
Once you have been convicted for the tickets you can't do anything.

Well that's not true - you could pay them.
Well I never requested a trial for these ones, hence why they are due now.
I'm pretty sure if I go see a justcie of the peace, he will at least reduce them, if not throw some out ( i had a parking permit while ticketed for some).
I'm just not sure where to go/what to say exactly.
I'll figure it out though, always do. I'll let ya know how it goes.
 
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ndrwrld

TRIBE Member
this was taken from the Global Website...pertains to the same companies, but in Calgary, tho me thinks it would be the same here...
---------------------
Private Parking Rights
When someone receives a violation notice from a private parking company, they want to know two things:

Do you have to pay the violation fee?

Can the parking company tow your car from their lot?

Here's what you need to know.

This information does not pertain to public parking lots run by the Calgary Parking Authority.

There are two main private parking companies in Calgary: Imperial Parking (Impark) & Sterling Parking.

When you park in a "self-serve", hourly parking lot,(lots with ticket dispensers)you have to pay in advance for the amount of time you intend to park. You take the receipt(s) and place them inside your vehicle on the dashboard, face up.

Private parking companies hire attendants to patrol the lots and if the time on the receipt has expired or the receipt isn't visible, they will put a violation notice on your windshield.

It is not a ticket and can't be called a ticket. Only the Police or the City Parking Authority can issue tickets.

In the case of Impark, if you don't pay $37.45 within 7 days, the cost increases to $69.55 and if you ignore that you may be contacted by the City Collection Company.

In the case of a Sterling Parking notice, if you don't pay $30.00 within 72 hours, the violation fee increases to $65.00 and if you don't pay that you will hear from their collection company, Calgary City Collections.

Do you have to pay the violation fee?

You have parked on private property and as long as the rates are posted, it is your responsibility to read the terms and conditions and pay for the time you intend to park.

Since it's private property the parking companies can set their own penalties for anyone who parks without paying or exceeds their time limit.

However "the only way" they can collect the money is to sue you in Small Claims Court. It is a private matter between the parking company and you.

However our legal expert Don Dear, researched Small Claims cases and could not find a single case where a parking company won.

"We've looked across Canada for decisions where a court has said that a parker has to pay the penalty and we haven't been able to find any decision.

In fact all the decisions that we've found say just the opposite. Their penalty is to pay what they should have paid in the first place and nothing beyond that.

The damages suffered by the parking lot owner are the amount of whatever the parking charge was. So for example if you didn't pay your $1.25 for parking for that hour, your damages that you owe are $1.25, not some sort of penalty of $69.00 or whatever the amount is. So it is limited to what you were supposed to pay."

In the past, Impark and Sterling have admitted they don't go to Small Claims court to collect violation fees.

Instead they both say they use a collection agency to try and encouragement payment.

By the way the fee to file a Small Claims debt in Alberta is $100.

All this doesn't mean you shouldn't pay anything.

Our legal expert suggests you can offer to pay for the time you were overdue or at the very most the daily rate posted for that lot. (ie:$10 or $12)

Can the parking companies tow your car from their lot?

We have discussed this question with several lawyers, the Calgary City Police Traffic unit and the Calgary Parking Authority.

A private parking lot is private property and the operator has the right to tow a vehicle however the owner of the vehicle can't be forced to pay any of the towing costs.

If you show up while it is being towed, they have to drop it and give the vehicle to you without any charges. If they don't you can call the Police and report a theft.

If the vehicle is towed before you return and taken it to an impound lot, again they can't hold the vehicle and force the car owner to pay any of the towing or impound/storage charges.

The company which ordered the towing has to pay those costs and then go after the car owner in small claims court.

If the towing company refuses to return the car, the owner can call the police and have them charged with theft or tampering with a vehicle.

However if a car is parked illegally on private property, which means if it is violating a section of the Highway Traffic act or a City bylaw, then it could be tagged and towed by city police or parking control and then the car owner is responsible for all the costs.
 

Flashy_McFlash

Well-Known TRIBEr
Maui said:
Well I never requested a trial for these ones, hence why they are due now.
I'm pretty sure if I go see a justcie of the peace, he will at least reduce them, if not throw some out ( i had a parking permit while ticketed for some).
I'm just not sure where to go/what to say exactly.
I'll figure it out though, always do. I'll let ya know how it goes.
Well the Justice of the Peace is located on Edward St near University. I have no idea what you will say to them, but best of luck to you.

If you feel like you were illigitmately ticketed, any contesting of the chargen should have been done within the time period on the ticket (usually 7 days) though.
 

Maui

TRIBE Member
Flashy_McFlash said:
Well the Justice of the Peace is located on Edward St near University. I have no idea what you will say to them, but best of luck to you.

If you feel like you were illigitmately ticketed, any contesting of the chargen should have been done within the time period on the ticket (usually 7 days) though.
Thanks, I usually just tell them the truth. That I'm a broke ass bum. haha
I just want em reduced back to their original amount.
The fact that you have to go to their office during 9-4 hours made it impossible to pay/fight these tickets for me.
Now I've heard the trials will be held during the day also. Brutal to have to take time off work for a parking ticket...
 

sheik rock

TRIBE Member
ndrwrld said:
this was taken from the Global Website...pertains to the same companies, but in Calgary, tho me thinks it would be the same here...
---------------------

If the vehicle is towed before you return and taken it to an impound lot, again they can't hold the vehicle and force the car owner to pay any of the towing or impound/storage charges.

The company which ordered the towing has to pay those costs and then go after the car owner in small claims court.

If the towing company refuses to return the car, the owner can call the police and have them charged with theft or tampering with a vehicle.

However if a car is parked illegally on private property, which means if it is violating a section of the Highway Traffic act or a City bylaw, then it could be tagged and towed by city police or parking control and then the car owner is responsible for all the costs.
Cool, thanks.
 
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litespeed

Well-Known TRIBEr
They can't make you pay it.

HOWEVER, they could call the city and have them ticket you for parking on private property. But they'll never do it because enough people pay their tickets to make it worth their while to issue them.
 

MissBlu

TRIBE Member
Maui said:
Thanks, I usually just tell them the truth. That I'm a broke ass bum. haha
I just want em reduced back to their original amount.
The fact that you have to go to their office during 9-4 hours made it impossible to pay/fight these tickets for me.
Now I've heard the trials will be held during the day also. Brutal to have to take time off work for a parking ticket...

if you want them reduced to the original amount, why didn't you just pay them originally? in all honesty i would laugh at you being concerned about having to take time off for a trial date, when it would have been cheaper for you to contest them much earlier.
 

Flashy_McFlash

Well-Known TRIBEr
Not to mention that a lot of the time, if you go to the parking office within the time period (i.e before you were convicted) with the ticket and your legit permit in hand, they'll usually cancel it without a trial.
 

xtcfreak

TRIBE Member
I had a truck towed from one of those private sites about 9 years back, and when i got to the impound yard (Cherry st) the guy told me he had to give me the truck back whether I paid or not.

Jay
 

Maui

TRIBE Member
MissBlu said:
if you want them reduced to the original amount, why didn't you just pay them originally? in all honesty i would laugh at you being concerned about having to take time off for a trial date, when it would have been cheaper for you to contest them much earlier.
Ummmm maybe the part where you just quoted me about the fact that you have to go to Metro Hall between 9 and 4 on weekdays to pay the tickets....

Oh yeah I forgot to mention regarding the Imperial Parking. They actually towed my car, there was a city of toronto ticket on it, and a tire had been slashed.
Now that's a way of saying get outta here. lol
 
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