Private Company Issuing Parking Tickets

[Pheonixstar15]

What is the name of your state? California

A private company in my local town has recently begun issuing parking tickets to people that are parked on their private property without a permit. They issue these tickets to both residents, who apparantly sign an agreement on their website https://www.thepermitstore.com/customer_info.cfm , and any visitors.

I have contacted this company and inquired what happens if you do not pay their ticket. They told me that if you do not pay you will be sent to a collection agency which will attack your credit rating. When I asked what recourse I would have to have some form of govermental oversight they said that I would have to sue them in small claims court after they have added the derogatory statement to my credit report. The appeal process that they provide is within the same company that issues a ticket.

It seems strange that a private company can assess charges like this. Is what they are doing legal, or would they have to obtain a judgement first, and then send you to collections? I am asking because if what they are doing is not legal I will be turning them into the appropriate agencies (FTC?).

I moved this from debt collections, I found this area after posting and I feel it fits better.

 

[wirry1422]

What the company is doing is totally illegal and improper. A private company cannot issue a parking ticket and then assume it is a valid debt. The company cannot arbitrarily establish a prima facia civil monetary claim against you, and then establish an administrative appeals process through their own private administrative "court". These are actions that only a municipal corporation (ie city, township, county) or state government can take, not a private entity or corporation (unless you are a resident who signed a contract- not if you are simply a visitor who did not sign a contract). [Keep in mind that if what they are doing was legal, then any person or corporation could simply type up and send a letter requesting payment of a bogus debt, and then send the request to collections and report it to the credit agencies if you didn't pay up.] Before the debt can be legally binding, collectible, and properly reportable to the credit reporting agencies, this company (if you do not voluntarily pay them) must sue you in civil (small claims court) to obtain a legal judgement against you, which would (if they won) then be legally enforceable and properly reportable to collection agencies. You do NOT have to sue them to stop their collection practices- they have to sue you to legally start their collections! If you are absolutely certain about your claims of their policy, you need to report this company immediately for its illegal practices. Start with the state attorney general's office, the state consumer services agency, the state department of commerce, and the FTC, as well as the proper local authorities. If they report you impropery to the credit agencies, you must contact all three credit agencies and dispute the charges, asking that the negative report be removed pending investigation of the validity of the debt (which is your right under federal law). If this company does send you to collections, and you dispute, in writing, the charges against you with the collection agency, they would be required (due to the nature of the debt, ie no obvious purchase or services rendered) to obtain a legal judgement to reinstate the charges. If they continue to pursue the charges without such judgement, you would then need to report them to the appropriate authorities regarding your specific case. Good luck and keep us posted.

 

[CdwJava]

Well, it MIGHT be legal ... sort of.

Is the private property properly signed as restricted to permits or permission only? If so, then non-permitted vehicles might be able to be towed. However, I do not think that the private citations would be a lawful debt without a contract agreeing to the conditions beforehand.

In a nutshell, tows might be permissable, but without a contract agreeing to the fee or fine schedule upon improper parking, I can't see how collections would be lawful.

Has anyone cited a legal authority for this debt?

NOTE: I see that this cite issues parking permits to government institution parking facilities and not "private" ones (at least based upon the website). According to what I am reading, the site issues the permits and NOT the citations. Are you sure you have this right?

- Carl

 

[Pheonixstar15]

Isla Vista

Carl,
I think the reason you cannot see the site is that it was relying on a cookie in my browser or something. The location is Isla Vista. This is not occuring at my apartment complex which is located about 1 mile away, but it is occuring at apartments owned by my management company. I found out out about it through one of the tenants, and then I called the company and spoke with a supervisor about what is exactly happening. The information I posted came from him. He informed me that, "the DA and State of California are both aware of the situation".
Due to a dispute I had with a local landlord where I ended up speaking with an attorney that was similar I figured that this could not possibly be legal, but before I go to the agencys that wirry1422 mentioned I would like to confirm my suspicion. If you go to www.thepermitstore.com and enter Isla Vista as the location it will bring you to a screen where you are able to apply for permits or appeal tickets. I read the ToS in the apply section, which is what the supervisor said established their legality, but I do not understand how a ToS could possibly affect people who did not sign it. They are giving these to both residents and non-residents on the privately held apartment complexes.
The landlords here engage in a number of dubious practices, such as making you move out for 1 day a year if you stay for multiple years so they can assess damages and establish a new security deposit, but this parking thing really takes the cake.

 

[CdwJava]

I still see that this is a site for issuing permits and not for issuing citations.

WHO is issuing the citations, and what do these citations say?

From the info at the site it seems clear that anyone who gets a permit accepts the conditions contained therein and essentially enters into a contractual arrangement with the property and this could include being fined.

- Carl