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GabrielAskme
Dec 25, 2010, 02:31 PM
I parked my car in a private parking lot, in Downtown Portland, Oregon.The mashine dispensing receipts(where you actually pay the fee to park) was located steps away from my car. I paid and placed the receipt on my dash. When I return to my car, there is a penalty notice on my windshield. This company claims I paid the fee at a machine belonging to another company, referring to a different lot, right next to the one I had parked.
They demand that I pay them 4 times the original fee, as a penalty. I refusse because I feel either they are being negligent in their layout of the two dispensing machines or they are doing this on purposse. It is only a few bucks but it is a matter of principle. The City of Portland says there is nothing they can do to stop this abuse and have the penalty dsmissed.
What is the worst it can happen if I don't pay. Can they seize my car,trash my credit, place a lien on my property? This is not the police or the city or the courts. It is a private company.
Thank you so much,

Gabriel

Fr_Chuck
Dec 25, 2010, 03:18 PM
They may if you don't pay, trash your credit, latter, ( after they add a lot of late fees, collection fees, and latter attorney fees) sue you for an amount most likely in the 100's of dollars.

In court then you can try and prove that you paid for the parking, or try to prove their neglect. But while this is happening, they trash your credit.

One option, pay them, then sue them for a refund based on your evidence.

adthern
Dec 26, 2010, 04:30 AM
The first thing you might want to do is go to where the payment machines are located and take pictures (also bring someone with you as a witness).

Then examine the area of the payment machines, are there signs that inform the person?

I understand your point, but if there is a giant sign saying don't pay here if your parked in that lot or something similar you really can't blame them. However, if there are no identifying signs then you might have an action for unfair and deceptive practices (check the law in your jurisdiction for consumer protection) in MA there is such a law and it is pretty robust! Not only making the biz pay up to treble damages but adding court fees and more important attorneys fees! If you have a similar law, you might get an attorney to take the case for the fees... now, that might have the benefit of getting you off the hook for the 5 bucks or whatever, but will slam the biz with thousands in a judgment (potentially a class action suit which would put them out of biz all together).

It all comes down to what is the signage in the garage?

GabrielAskme
Dec 26, 2010, 05:17 AM
I see.Thank you. They claim they have signs. I didn't see them. It was dark and I was in a hurry. I think it is logical to see the first machine,the closer one, and to think it's the one to use.
I understand now what I could do. What is the worst they can do to me if I simply do not pay?
Thank you so much,

Gabriel

adthern
Dec 26, 2010, 05:39 AM
Well, ultimately they can sue you and if they win obtain a judgment against you for the fee, interest, penalties, court costs and attorneys fees.

ScottGem
Dec 26, 2010, 07:38 AM
Yes they can sue and get a judgment. They almost definitely will win, unless you can show proof that they were wrong. And frankly, I am sure that the machines have signs indicating the company and that you just didn't look carefully.

Before you decide what action to take, go back to the scene and take pictures.