Issuing Tickets to Illegally Parked Vehicles at Our Business

[SamirD]

What is the name of your state (only U.S. law)? Alabama

We have a Chevron branded gas station next to a Chik-Fil-A. While we do enjoy the symbiotic business relationship with our neighbor, their customers can be quite rude and will park in our limited parking lot spots, on top of areas marked on the ground with 'NO PARKING' and in other right of way areas that block proper traffic flow in and out of our business. Policing our own parking lot for their customers has become a headache. And we have already bore the cost of a CFA customer parking in our parking lot hitting our own vehicle causing $3800 of damage to it.

The local police said that they can issue citations, but are so slow to respond that the illegally parked person has already caused their trouble and left before the police can take action.

Is there a way for us as the owner of the parking to file 'non-uniformed complaints' against those illegally parked? This way, we can just write up a ticket, put it on the vehicle, and then send in a copy along with evidence to the city, and the city can cite them if they wish based on the evidence we provide (probably a picture of each offense in action)? This would be a win-win as the city could profit from the illegal parking and we would get some justice for the continuous extra effort we have to put in to keep our business traffic flow safe.

Thoughts?

 

[davew128]

Assuming local law allows it, why not hire a towing company to remove the vehicles?

 

[SamirD]

Assuming local law allows it, why not hire a towing company to remove the vehicles?

Main reason is probably workflow. I've not talked to any companies to see how quickly they respond, but I'm guessing it would be on par with the police--and that wouldn't help.

We only have one person at any given time, so having to coordinate a tow in addition to normal business activities is no different than having to police the parking lot in addition to normal business activities.

A ticket system would work into the workflow because it would be quite quick--take picture, write down essentials on two 'ticket' forms, place one on car and put aside the other paperwork to complete later.

 

[TheGeekess]

What did the city council/county commission say when you asked them about your enforcement problem? What did the CFA's manager say when you asked him about his customers parking at your station? Do you have signs posted that say 'Parking for Chevron customers only'?

 

[justalayman]

you can issue all the tickets you care to issue. You have no authority to demand the ticketed person pay whatever penalty you wish to attempt to impose.

So, either investigate realistic possibilities, such as the towing laws, or live with the situstion as it is


Also, I would suggest an actual sign on a post. Markings on the ground are rarely adequate to enforce actual municipal parking violations. They are too easily overlooked, especially if it is dark or raining.

 

[LdiJ]

Main reason is probably workflow. I've not talked to any companies to see how quickly they respond, but I'm guessing it would be on par with the police--and that wouldn't help.

We only have one person at any given time, so having to coordinate a tow in addition to normal business activities is no different than having to police the parking lot in addition to normal business activities.

A ticket system would work into the workflow because it would be quite quick--take picture, write down essentials on two 'ticket' forms, place one on car and put aside the other paperwork to complete later.

Then perhaps your real problem is inadequate staffing. Having only one person on duty at a time is a recipe for problems...particularly in the late afternoon and early evening.

 

[SamirD]

you can issue all the tickets you care to issue. You have no authority to demand the ticketed person pay whatever penalty you wish to attempt to impose.

So, either investigate realistic possibilities, such as the towing laws, or live with the situstion as it is


Also, I would suggest an actual sign on a post. Markings on the ground are rarely adequate to enforce actual municipal parking violations. They are too easily overlooked, especially if it is dark or raining.

I know that. I'm asking how could such a workflow be legal. This is part of my investigative process.

These ground markings are almost 10 feet long in 1' high lettering. It's very, very clear. Post signs are part of our plan, but they will be used in conjunction with ground markings which require less maintenance and installation effort/expense.

 

[SamirD]

Then perhaps your real problem is inadequate staffing. Having only one person on duty at a time is a recipe for problems...particularly in the late afternoon and early evening.

I disagree. The real problems is the illegal parkers. Our operations work perfectly fine with one person doing work for just our business. It's a bit ludicrous to ask us to double our payroll expenses to handle a parking issue created by another business.

 

[TigerD]

Have you tried talking to the Chik-fil-a management about the issue?
It would seem that ticketing and towing your potential customers' cars would be counter productive. Perhaps you need to rethink your workflow and land use to prevent that from happening?


TD

 

[justalayman]

I know that. I'm asking how could such a workflow be legal. This is part of my investigative process.

These ground markings are almost 10 feet long in 1' high lettering. It's very, very clear. Post signs are part of our plan, but they will be used in conjunction with ground markings which require less maintenance and installation effort/expense.

so what do you want? You can't issue enforceable tickets. You may be able to have unauthorized parkers towed but apparently you don't want to bother with that. Not much else to tell you so enjoy the guests is about all I can say.


As to what costs less to install and maintain? A sign is by far cheaper maintenance wise. Initial installation is probably cheaper for the ground markings.

In the end it really doesn't matter if a ground sign is not legally acceptable as valid notice per the law.

 

[SamirD]

so what do you want? You can't issue enforceable tickets. You may be able to have unauthorized parkers towed but apparently you don't want to bother with that. Not much else to tell you so enjoy the guests is about all I can say.


As to what costs less to install and maintain? A sign is by far cheaper maintenance wise. Initial installation is probably cheaper for the ground markings.

In the end it really doesn't matter if a ground sign is not legally acceptable as valid notice per the law.

If there is a way to turn in citations to the city that will bear weight, that would work. If this is not possible, then it's not. But if you're not an attorney or have any first-hand experience then you saying it's not possible doesn't bear any weight. If you want to come over here and deal with the towing while trying to run the business and make the mortgage payments, be my guest. Then you can see for yourself how your solution doesn't work.

As far as the cost of signs vs ground markings, around here ground markings are cheaper, both initially and long-term. (They don't get hit/vandalized.)

I've checked with the local police, and the ground markings are enforceable. But then we're back to the timely enforcement issue. If no one is parked by the time the police get there, it's just a waste of their time. A couple of times of 'crying wolf' like that and the police won't even come at all. But that doesn't mean that such parkers haven't already caused traffic issues for us in the time that they've parked.

 

[AdoptADog]

I'd think you'd have a greater chance at a rapid response from a tow company you have a contract with for removal of the vehicles than the police. A tow company has a vested interest in responding. They stand to make quite a bit of money from removing the offenders.

 

[SamirD]

I'd think you'd have a greater chance at a rapid response from a tow company you have a contract with for removal of the vehicles than the police. A tow company has a vested interest in responding. They stand to make quite a bit of money from removing the offenders.

There are 'parking enforcement' companies that offer services like this, and I've reached out to the local one. But on their homepage they talk about 'services starting at $300/month'. If this is the case, that's a dealbreaker. I'll find out how they can help if/when they reply.

 

[justalayman]

Even if you could magically make the tickets enforceable you have already stated you cannot actively police your lot since there is only one employee on duty at a time.


I think you are stuck with the old:

Stick head out of store door. Yell at unauthorized parkers. Threaten with being towed. Go back to work and hope the threat worked.

 

[SamirD]

Even if you could magically make the tickets enforceable you have already stated you cannot actively police your lot since there is only one employee on duty at a time.


I think you are stuck with the old:

Stick head out of store door. Yell at unauthorized parkers. Threaten with being towed. Go back to work and hope the threat worked.

Writing the tickets would take as much time as it does now. But it will be worth it since the city will get revenue and start to take our side. It would get the enforcement arm working since there's money at the end of the effort. Then our own effort would be reduced.

I usually walk out there nicely and let them know they're parked in a no parking zone. They either immediately apologize and move, or say that they're waiting for someone that went inside and I'll either tell them they have to move now (if they're causing issues) or let them know that they can wait, but will need to move the second another vehicle needs them to move. But all of this takes time. The reason it says 'NO PARKING' clearly and visibly is because we didn't want people to park there in the first place.

Chik-fil-a should have signs and warnings for their customers on where to park and not to park. This really shouldn't be our problem. Hmmm...maybe I will make some for them and put them up on their glass doors. They might not even take them down.