Private Parking Tickets

If you have recieved a "Private Company" parking ticket in Portland or elsewhere this site may help. Disclaimer: I am NOT an attorney and you should seek legal advise from an attorney to fight your ticket. ALSO, if you did not purchase a ticket to park on a private lot and recieved a violation with a penalty, you DO legally owe them a debt for the parking fee and any administrative costs they incur such as the fee they are charged to get you DMV info, but I believe that's ALL. The penalty portion of the ticket is NOT lega, I believel. This site is just information from already public sources and in a few cases, my own opinion which I am entitled to under freedom of speech. Below you will find links to numerous sites and blogs to assist you, including the first one which is a legal opinion from the California Attorney General in December 2011, stating private parking lot owners may not issue private violations or penalties. Also note the other news stories and links that the State of Washington Attorney general has sued and settled cases to benifit consumers and complaintants against private parking companies in that state for issueing private tickets that include penalties with NO due process of law, all because of consumer complained. This is new legal territory in Oregon. You may want to find an attorney wilingl to file a class action suit against the city or these companies who will take the case based on contingency, so you won't be out any money, or contact the ACLU for a civil rights violation case.

Read these links and news stories to find out more about how these penalties & fines on the ticket are not legal:

http://ag.ca.gov/cms_attachments/opinions/pdfs/o516_07-804.pdf

http://www.trafficviolationlawfirms.com/info/private-parking-tickets

http://www.seattlepi.com/local/article/Well-Spent-Privately-issued-parking-ticket-isn-t-1185407.php

http://www.seattlepi.com/lifestyle/article/Consumer-Smarts-It-s-unwise-to-ignore-parking-1273763.php

http://www.seattlepi.com/local/article/Parking-company-to-pay-drivers-for-disputed-1228199.php

http://seattletimes.nwsource.com/html/localnews/2002211513_parsley18m.html

http://www.atg.wa.gov/pressrelease.aspx?id=12570

http://www.doj.state.or.us/consumer/debt_collection.shtml

http://business.ftc.gov/legal-resources/25/33

http://faculty.ncwc.edu/mstevens/410/410lect06.htm

Here is also a link on how to dispute a frivilous debt on your credit report should they report it to a credit agency:

http://www.howtodisputecredit.net/

You can do one of two things: 1) Pay your ticket and be one of the Sheeple or 2) Fight Back!

Remember, these companies issueing these tickets are reaping $$$ millions of dollars by the city writing a code to give them the questionable ability to punish you and take your hard earned money! They know 98% of the victims will either just pay or get tired and give up. Here are things you MUST do to win and help others fight these tickets. You must be willing to relentlesly fight your ticket all the way without giving up. You must prepare to deal with a collection agency BEFORE they start contacting you! You must also be prepared to dispute their debt if they DO report it to a credit bureau. They are trying to collect a frivilous debt and you can take them and the parking company to court for negligence, misinformation & harassment. Know how to deal with collections agency at the two government links I have provided above. Know how to dispute a frivilous debt with a credit bureau. Now let's look at the actions you must take:

First contact the company's manager in writing. Go to the Oregon Secretery of State website and do a search on their business registry for the REAL owner/manager's name, REAL phone number and REAL business physical address. Try to resolve the issue with the company. They will immediately send you a letter threatening collections if you do not pay. Do NOT be intimidated.

Then file a complaint with the City Department of Revenue within 30 days, just as the ticket says to do (and avoid the doubling of the "penalty" for the time being).

If your complaint is not resolved immediately file a complaint with the Better Business Bureau against the company for trying to collect frivilous debt.

Immediately file a complaint with the Oregon Attorney Generals Office Dept. of Consumer Affairs against the company for attempting to collect frivilous debt. These private parking citations violate Section 21 of the Oregon Constitution.

Attend a Portland City Council meeting to complain in person in public.

Call or write the mayor and the governer. They may refer you elsewhere, but if enough people write, you'll get their attention!

Write letters to the editor of the Oregonian, Willamette Week, Asian Reporter, TV stations etc

File a complaint with the US Justice Department regarding the Portland City Code section 7.24.020 and the City Attorney that wrote it for "Abuse of Authority". As a violation of the 5th and 14th Ammendment to the US Constitution "due process clause" and Article I, Section 9, paragraph 3 of the U.S. Constitution provides that: "No Bill of Attainder or ex post facto Law will be passed." .

Write your STATE senators and representatives. Demand they seek an opinion on the city ordinance and the ability of private companies to write a citation and levy a penalty. Follow up with a phone call!

Contact your local chapter of the ACLU, your constitutional right to due process is being violated. The private parking violation says if you cant resolve your dispute with the company to file a complaint with the City of Portland Dept of Revenue. This is NOT due process of law. If you are being punished you have the right to be heard in front of a judge, magistrate or jury.

Contact shows such as The Clark Howard show as heard on 860 AM or "Carl in the Morning" on 620AM

I'm not an attorney but have worked in the criminal justice system for 25 years and have taken numerous classes involving criminal and civil law in colleges and police academies. Most information on this page is public information from other sources and not difficult to find. Private companies have no legal authority to issue a citation or authority to levy a fine. A fine is a form of punishment and may only be levied if there is due process of law (in other words by a court) They tell you that you can complain to the city parking manager (who's office and apartment was recently raided by the FBI and IRS agents in a public corruption investigation in Sept 2011) and to the Bureau of Revenue, but of course they are not a judge or magistrate so there is no due process of law and therefore the fines are not valid or legal. Remember it was the Portland City Attorney that wrote ordinance 7.24.020 that they proudly put on their ticket as their "authority". Remember an ordinance is the lowest form of law, it is basically a city administrative rule and this one probably will not pass legal muster if challanged to higher courts. These private companies write hundreds if not thousands of these citations each week and rake in a ton of money as they know that 98% of the sheeple will just send in the money. The ones that don't they try to threaten with a letter saying they may turn the matter over to a collections agency. If they do that simply seek out information and your rights regarding collections. Should a collections agency eventually report the "debt" to the credit bureaus, you can dispute any bad mark on your credit and you are entitled to a free crdit report once each year. Will you tolerate a private company trying to fine or punish you? Will you be one of the sheeple? Private companies can only claim they were damaged for their parking fee under civil law, either by claiming a breach of contract or filing a tort claim, so they can only seek reimbursment for the parking fee and any costs to them such as the DMV charge to get your license information (about $10) or the stamps to mail you letters etc. Oregonians need to start to put their foot down by protesting this at city council meetings, the Oregon Dept of Tourism, the Oregon Attorney General, BBB etc. Dont bother with the Portland Business Assoc or the Downtown Business Groups etc because these guys are all on the board. Remember the US Department of Justice has already opened an investigation of the last city parking manage. Remember on the citation it only lists the company name, an e-mail and phone number and a PO Box to send your fine. You can find out the REAL office address, the owner and managers names and phone numbers at the Oregon Secretery of State business registry on their website.

Private Parking Tickets Portland