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Private Vehicle Citation and Private Parking CA

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isezumi00

Guest
What is the name of your state? San Diego, CA

I work for a large store inside a mall. The Property Owner(PO) subs a security agency to do general public safety and parking enforcement. Between 11/26/04 and 12/04/04, I was citied 3 times for being an "employee illegally parked".

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Back Story:
The Company that employees me entered into an agreement with the PO that all its employees would comply with the PO's parking restrictions. This Agreement was never furnished to me at the time of hire, I had my employee files canvased twice, there is no documented evidence that this agreement was explained, and none of the managers that i have spoken to have seen this agreement on file anywhere. The PO reps at our mall, "may not furnish me with a copy of the parking agreement, or vehicle code." I must speak with the Corporate headquarters to receive a copy of the vehicle code.

Note: This is part of what bugs me, in reguards to legality. Im liable to comply with an Agreement, that I never agreed to, not Expressly, not (legally) by Implication. And the Vehicle Code which I am liable to comply with can not be furnished to me, without speaking to a coporate officer.
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Upon recieving my third vehicle citation a boot was placed on my front drivers side tire. And three Notices were posted on my vehicle one on each front window (driver and passenger) and one on the front windshield which were adhered with blue masking tape. All three notices read the same thing, stating that I was immobilized for being illegaly parked, that it would take $50 to get the boot removed and a contact # to call.

Note:Technically they have illegaly posted bill(s) on my car, also the size and location of said bills constitute an "Obstruction" according to State vehicle codes.

I arrived at work at 10:30 am on 12/04. The parking Citation was marked as issued at 12:00 pm. According to the verbal report that was recieved by a member of my management, my vehicle was cited at 11 AM, and my tires were marked, after 2 hours (supposedly 1 pm) the boot was applied. I received notification from a fellow employee that a boot was being applied at 12:45 PM. At roughly 1 pm I was issued a small reprive to view my vehicle and speak to Mall Management, I spoke with a Bike mounted Security Guard at roughly 1:05pm and was instructed where the admin office was located and was given a business card with the name and contact #'s of the Head of Security. I proceded to walk to the Admin office upon arriving at the admin office (roughly 1:15pm) the office was dark. I returned to work by 1:20pm, I phoned the Head of Security and left a voice message at the contact number at around 1:22pm and returned to work. I was informed that the Mall Manager had dropped by sometime between 1:25pm and 4pm and said that he would send the Head of Security(HoS) over to talk to me. I received this message at 4:20pm when I took my break, at which point I entered the mall to purchase food. By 5:30pm when my shift was complete the HoS had not shown up.

Upon compeletion of my shift I went down to my car to remove the booted tire and install my spare. I was spoted while removing my lug nuts, and in the time it took me to replace my tire (roughly 15 minutes) I was surrounded by no less than 6 security guards, and they had hedged me into the parking spot with a marked pickup. In the process of changing my tire I was joined by two fellow staff members and an assistant mangers who were also leaving for the day. I had repeatedly asked security personnel who witnessed me parking there, and with whom they spoke to confirm that I was working that day before they issued any of the citations or applying the boot, I was either given no answer or informed that "we dont have time to do all that". I than produced my recipt documenting my purchase and asked why a Customer (there is a posted sign stating that the parking is for Customers Only) was being citied for illegal parking. Their responce "we dont have time to track all that". When the HoS arrived at roughly 6:15pm he proceded to disreguard all my arguements as "games" including that the third and final citation has me listed as illegaly parked roughly 150 feet from where my car was booted. I was accused of threatening Security personnel, causing a public disturbence, and conspiracy to commit theft (taking my booted tire with me).
Theres about 40 or so parking spots designated as employee only, they are outlined in yellow as opposed to white, there is no posted signage designating them as Employee parking. I havent done a survey yet, but I imagine that at any given time during normal business hours there are between 150 and 350 "employees" working at the mall.
 


CdwJava

Senior Member
Sounds like you have to have a long talk with your employer about the situation.

Are you the only one having this problem? If so, maybe there is another place to park where your fellow employees are NOT having a problem.

- Carl
 
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isezumi00

Guest
In 3 years of working for that company, in that mall. That is the ONLY time I have ever seen anyone have a boot put on their vehicle.

I also rarely parked in the supposed "employee only" spot.

And, we had one employee who was citied for illegal parking when they were visiting the mall on their day off, the prevailing answer was "we dont have time to verify that".

As far as I understand the law in this matter...

A) Burden of proof still lies in providing documentation that I agreed to the Parking Contract.

B) Agreeing to a parking contract can not be a condition of employment. I am legally allowed to reject the parking contract and just not park their in a work capacity.

C) By purchasing an item from the mall, I have established myself as a "Customer". At which point I am legally allowed to park in any marked stall (excluding Handicapped, Fire and loading zones) anytime between 4:30am and 2 am.
 

stevek3

Member
isezumi00 said:
In 3 years of working for that company, in that mall. That is the ONLY time I have ever seen anyone have a boot put on their vehicle.

I also rarely parked in the supposed "employee only" spot.

And, we had one employee who was citied for illegal parking when they were visiting the mall on their day off, the prevailing answer was "we dont have time to verify that".

As far as I understand the law in this matter...

A) Burden of proof still lies in providing documentation that I agreed to the Parking Contract.

B) Agreeing to a parking contract can not be a condition of employment. I am legally allowed to reject the parking contract and just not park their in a work capacity.

C) By purchasing an item from the mall, I have established myself as a "Customer". At which point I am legally allowed to park in any marked stall (excluding Handicapped, Fire and loading zones) anytime between 4:30am and 2 am.
Give me a break. The relevant question is this: Why do you insist upon repeatedly shooting yourself in the foot? Or, more accurately, in the boot? In a span of less than nine days, you didn't get caught once. You didn't get caught twice. You got caught THREE times. Anybody with any semblance of common sense would have stopped at one and tried to find a solution. Instead, you're out there flipping them the bird and totally disregarding them. Sorry, James Dean. I don't know if they're right or if they're wrong, but you got what was coming to you.
 

CdwJava

Senior Member
isezumi00 said:
As far as I understand the law in this matter...

A) Burden of proof still lies in providing documentation that I agreed to the Parking Contract.

B) Agreeing to a parking contract can not be a condition of employment. I am legally allowed to reject the parking contract and just not park their in a work capacity.

C) By purchasing an item from the mall, I have established myself as a "Customer". At which point I am legally allowed to park in any marked stall (excluding Handicapped, Fire and loading zones) anytime between 4:30am and 2 am.
Well, I guess you'll have to sue them then and see where the law really stands. And I don't think that buying something on your break trumps your being an employee.

These citations are civil only since they appear to be issued by private security officers. So, you can either force them to take you to court to get payment, or, you can go to small claims court to try and get your money back. Either way, it might be more costly to fight.

But, hey, knock yourself out. It's your dime.

Of course, you could avoid the headaches entirely and park in the designated spot.

- Carl
 
I

isezumi00

Guest
stevek3 said:
Give me a break. The relevant question is this: Why do you insist upon repeatedly shooting yourself in the foot? Or, more accurately, in the boot? In a span of less than nine days, you didn't get caught once. You didn't get caught twice. You got caught THREE times. Anybody with any semblance of common sense would have stopped at one and tried to find a solution. Instead, you're out there flipping them the bird and totally disregarding them. Sorry, James Dean. I don't know if they're right or if they're wrong, but you got what was coming to you.
Allow me to elucidate "the conundrum"

150 "employee" vehicles.

40 Employee only spots.

No enforcement to keep customers out of "employee" spots, just employee out of "customer" spots.

Smells like an impractical agreement to me.
 

CdwJava

Senior Member
isezumi00 said:
Allow me to elucidate "the conundrum"

150 "employee" vehicles.

40 Employee only spots.

No enforcement to keep customers out of "employee" spots, just employee out of "customer" spots.

Smells like an impractical agreement to me.
So ... that means you have about 109 pals that are going to stand with you and march to the manager's office Monday morning and demand a change in this agreement, right?

I used to work in a situation similar to this ... I ended up walking a block and a half to work. Yeah, it sucked. But, it's what I had to do.

You do what you must. But I imagine all these boots, tire changing, and civil cites are going to get expensive ... and asking for time off all the time to go to small claims court to sue the boss or the mall management is not likely to go over very well.

Good luck.

- Carl
 

stevek3

Member
isezumi00 said:
Allow me to elucidate "the conundrum"

150 "employee" vehicles.

40 Employee only spots.

No enforcement to keep customers out of "employee" spots, just employee out of "customer" spots.

Smells like an impractical agreement to me.
If you are lucid enough to "elucidate your condundrum," then you should also be lucid enough to fully comprehend that it's far more impractical to have a boot put on your car. You were repeatedly cited. Three times within less than nine days. My dogs have elucidated that a boot repeatedly beaten over your head may be able to solve your conundrum.
 

Tennisman1939

Junior Member
California Law Regarding Towing From Private Property Explained

Golden Gate Tow Inc. towed my car from the CitiBank lot at 25th and Geary during the Summer of 2004. They charged more for the Towing and Storage Charges than allowed by the California Motor Vehicle Code and the San Francisco Traffic Code. I challenged them and was given all of my money back. I am concerned that they have done this before and that they are continuing to do it. Therefore I wrote an article describing the law and the remedies that ordinary citizens can easily follow if they have been overcharged for towing and/or storage fees by this towing company or any other towing company. I posted my article to a Blog at http://sftow.blogspot.com/ Even though this article is San Francisco & California Specific no matter where you live you will find that most States and Communities have similar laws and codes. As I write this I am currently looking at Investigations of towing abuses that are going on in Santa Monica, CA, Seattle, WA, Phoenix, AZ, New York City and in Virginia. Please look at the article I wrote. It might help you if your car was towed from Private Property.
Here is a link to my Blog
 
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