October 30, 2017 06:19 AM
Some of you have been finding an unwelcomed surprise on your car windshield in parts of downtown Rochester: Parking tickets. But these yellow envelopes are not from the City of Rochester.
These tickets are issued by private companies.
Pat Taney was asked if this practice is legal and what should you do if you get one?
They look like the real thing. Big yellow envelopes placed underneath windshields.
One man, who did not want to be identified, recently got one after parking near the Midtown development site in Rochester.
"I assumed that it was a City of Rochester parking enforcement ticket due to the way it looked" He said.
The $50.00 ticket read:
"Please deposit amount of money owed in payment envelope in the form of a check or money order. Failure to pay the charges and fees may result in additional charges of up to $50.00 to the extent permitted by law"
"Any uncollected fee may be referred to a collection agency for collection."
Upon closer examination, the driver we interviewed noticed the address was Buckingham Parking Solutions, which we traced to Buckingham Properties, a private company working on the midtown development project.
Our driver admits he accidentally parked a bit over the sidewalk and deserved a ticket but questions the ticket issuer.
"Where I was parked the City of Rochester also enforces parking there. Buckingham has no right to try to market themselves as a parking enforcement entity."
Believe it or not, they do.
We asked Rochester attorney James Riotto, From the Law Office of James L. Riotto to look into this.
Taney: Can a company legally give you a ticket like this?
Riotto: Yes a private company can issue you a ticket but it's not criminal in nature. Your license would not be suspended, you won't get any points, there will be no effect on your driving privileges it is simply a civil manner.
Taney: When you say civil manner, could this potentially affect my credit report if I don't pay it?
Riotto: Yes if that company tries to enforce this and you don't pay it and it goes to collections it could.
Taney: How would they get my name based on just the car details?
Riotto: The company would need to have access to Department of Motor Vehicle's records or somehow run the plate to determine the owner.
Taney: And that's hard to do?
Riotto: Correct, not everyone can do that. You have to have access to do get into DMV records.
If our driver was a client of James?
Taney: What would you suggest?
Riotto: Very simply call the company and try to work it out. I am sure if you call there and say, look this won't happen again I am sure you can solve this amicably.
Our driver was actually better off getting the ticket. Buckingham also legally has the right to tow cars.
The cost for that is much higher than the $50.00 ticket issued.
Buckingham Properties declined to give us a response.
Created: October 30, 2017 06:19 AM
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