2023-12-17 05:00:00
[Dossier] A class action once morest companies that distribute “false parking tickets” is being considered by the Consumers’ Union, which describes their practices as “financial intimidation”.
“Their techniques are very questionable and I will even say misleading,” warns Geneviève Morand, director of the Consumers’ Union.
Geneviève Morand, director of the Union des consommateurs Justine Latour
She confirms that several worried Quebecers have approached members of her organization regarding “fake parking fines” of up to $103. Most of them wanted to know if they really had to pay the amount on the bogus document.
“I am not a lawyer and I do not want to give legal advice, but it is certain that there is no legal process to contest an illegal ticket in most cases,” explains Ms. Morand with irony.
Why not tow?
The Consumers’ Union revealed to Journal that it is still analyzing the possibility of filing a class action.
“For the moment, we are actively working with our specialists and prosecutors to see what we can do,” says Geneviève Morand. It’s complicated because there are a lot of rules to consider, but we can’t give more details.”
A false ticket issued in November 2023 by the company Max Park Solutions. MARTIN ALARIE / LE JOURNAL DE MONTRÉAL
According to her, these companies might legally tow the offending vehicles into private parking lots rather than issuing fictitious infraction notices.
“People should not pay the fine and file a complaint with the Consumer Protection Office. If someone makes the requested transfer, I say that they are making a donation to these private companies… They should rather give their money to organizations in need,” says Ms. Morand, with a sigh.
Stat Park Inc. sign at the Jean-Talon Market in Montreal. This controversial company raises the discontent of motorists by issuing false fines. Francis Pilon / JdeM
“Intimidated” drivers
The non-profit organization also judges that people in precarious situations are more likely to fall into this trap.
“It touches me to know that people who are more vulnerable and who know less regarding their rights are perhaps more at risk of paying an amount thinking that they really have to do it, when they already have less money,” notes the director of the Consumers’ Union.
MARTIN ALARIE / LE JOURNAL DE MONTRÉAL
Geneviève Morand criticizes these managers, like Max Park Solutions, who increase the amount of the fine if it is not paid quickly. Drivers have, for example, six days to pay the $69 parking fee. After 30 days, the amount increases to $99.
“I find that with inflation and everything at the moment, it’s financial intimidation, this technique. They even threaten to go to court. It aims to scare people and I find that very worrying,” she concludes.
These bogus fines are “illegal”, according to a lawyer
Portrait of lawyer Mr. Éric Lamontagne and a false fine from Stat Park Inc. which he considers “illegal”. Photo provided by Contravention Experts / Francis Pilon / JdeM
A lawyer specializing in traffic offenses says without mincing words that “fake parking tickets” handed out by companies like Max Park Solutions and Stat Park Inc. are downright “illegal.”
“First, the form of the document does not work. It gives a false impression to people that they have to pay a real ticket or that there will be legal consequences. They thus contravene the Act respecting the recovery of certain debts,” assures Me Éric Lamontagne, lawyer at Contravention Experts.
The specialist recalls that under this law, no one can collect money from citizens with a writing likely to be confused with an official document… such as a real report given by a police officer or a parking agent. ‘a town.
According to him, Max Park Solutions and Stat Park Inc. file fictitious documents on their victims’ windshields that mimic real tickets too much.
“It’s a little shady [suspect] as a method. They cannot claim costs from motorists in this way,” criticizes Me Lamontagne.
They do their own justice
The lawyer raises eyebrows when he notes that Max Park Solutions and Stat Park Inc. invite at-fault motorists to contact them directly to contest their notice of violation.
“With a real ticket issued by an authority, you have the possibility of defending yourself before an independent court,” argues Me Lamontagne. But there, to contest, you have to write an email directly to the private company. It’s not objective and it doesn’t work.”
The expert also adds that there is too much confusion and vagueness regarding the reasons that lead to parking fees. He takes the example of the false reports from Stat Park Inc. submitted to DIX30 in Brossard.
A sign from the company Stat Park Inc., in Quartier DIX30, in Brossard. Francis Pilon / JdeM
“If I park in front of the cinema and shop at the store next door before going to see a film, will I get a ticket? It’s not clear. Personally, I often go to DIX30 and I have never seen their posters warning motorists,” shares Me Éric Lamontagne, who invites these companies to review their practices.
WHAT TO DO IF YOU RECEIVE A FALSE PARKING TICKET?
- File a complaint withConsumer protection office
- Do not pay the amount of the false fine
- Do not contact the company. Otherwise, it will collect your private information
- If you have paid these fees, you can give the merchant formal notice to reimburse you
- You might even claim punitive damages from the Small Claims Court
Source: The Consumer Protection Office
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