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View Full Version : Car towed IMPERIAL PARKING Impark



nit78
01-06-2004, 06:50 PM
My ticket expired at 5 by 5:45 my car was towed. Can Impark just tow your car. I think I owe them for 1 ticket that I got a month ago. Any suggestions on what I can do.

Khyron
01-06-2004, 07:10 PM
Maybe since they've been getting reamed on trying to collect tickets, they've gone hardcore and started towing after 1 offence? :confused:

Khyron

FiveFreshFish
01-06-2004, 07:44 PM
Hate to say this, but perhaps it got stolen. :dunno:

the-240sx-guy
01-06-2004, 07:46 PM
do you know for sure that impark towed it?

Weapon_R
01-06-2004, 07:47 PM
If you owe them for a prior ticket, I thought that is all they need to tow you...

roopi
01-06-2004, 07:48 PM
Originally posted by Weapon_R
If you owe them for a prior ticket, I thought that is all they need to tow you...

Yep that is what I have heard also. Thats why I don't park in their lots.

googe
01-06-2004, 09:01 PM
They have to get the cops to tow you though, they cant remove a vehicle themselves legally. Id be very impressed if they could jump through all the hoops involved to get a tow truck down there within 45 mins.

Unless they checked long before 5, saw you had one outstanding, and started the process then. Now that I think about it, that seems to make sense.

Khyron
01-06-2004, 09:24 PM
I dunno - I remember it came up with someone that worked for impark (or maybe was a driver) and I seem to recall needing 3 tickets before they bother towing. But that was a year or so ago.

Hope it wasn't stolen dude - I never even thought of that. :(

Edit - If you call the cops and say it might be stolen, they should be able to look it up whether it was towed or not.

Khyron

JAYMEZ
01-06-2004, 09:27 PM
Ok well since it is private , you call cops and say it is stolen , they get charged with theft no matter what , If they complain you didnt pay them last time you send them 1.50 or how however much you owe and say that is all you are getting , and make them pay for tow'n ect.

GTS Jeff
01-06-2004, 09:51 PM
i say dont listen to the ppl here who dont really know what theyre talking about. hire a lawyer and rip those imparkfucks a new asshole.

roopi
01-06-2004, 10:19 PM
you can legally tow a vehicle from private property as long as there is a sign on the property stating the requirements

cujo_cjc
01-06-2004, 10:26 PM
Originally posted by roopi


Yep that is what I have heard also. Thats why I don't park in their lots.


Same here!

CRX-R
01-06-2004, 10:33 PM
Originally posted by roopi
you can legally tow a vehicle from private property as long as there is a sign on the property stating the requirements

yes, but the owner of the lot/property pays for the expenses of the tow and storage charges. Do a search, this topic came up awhile ago and someone posted a great story that Global did on this subject. This is from the global website.

Private Parking Rights
When someone receives a violation notice from a private parking company, they want to know two things:

Do you have to pay the violation fee?

Can the parking company tow your car from their lot?

Here's what you need to know.

This information does not pertain to public parking lots run by the Calgary Parking Authority.

There are two main private parking companies in Calgary: Imperial Parking (Impark) & Sterling Parking.

When you park in a "self-serve", hourly parking lot,(lots with ticket dispensers)you have to pay in advance for the amount of time you intend to park. You take the receipt(s) and place them inside your vehicle on the dashboard, face up.

Private parking companies hire attendants to patrol the lots and if the time on the receipt has expired or the receipt isn't visible, they will put a violation notice on your windshield.

It is not a ticket and can't be called a ticket. Only the Police or the City Parking Authority can issue tickets.

In the case of Impark, if you don't pay $37.45 within 7 days, the cost increases to $69.55 and if you ignore that you may be contacted by the City Collection Company.

In the case of a Sterling Parking notice, if you don't pay $30.00 within 72 hours, the violation fee increases to $65.00 and if you don't pay that you will hear from their collection company, Calgary City Collections.

Do you have to pay the violation fee?

You have parked on private property and as long as the rates are posted, it is your responsibility to read the terms and conditions and pay for the time you intend to park.

Since it's private property the parking companies can set their own penalties for anyone who parks without paying or exceeds their time limit.

However "the only way" they can collect the money is to sue you in Small Claims Court. It is a private matter between the parking company and you.

However our legal expert Don Dear, researched Small Claims cases and could not find a single case where a parking company won.

"We've looked across Canada for decisions where a court has said that a parker has to pay the penalty and we haven't been able to find any decision.

In fact all the decisions that we've found say just the opposite. Their penalty is to pay what they should have paid in the first place and nothing beyond that.

The damages suffered by the parking lot owner are the amount of whatever the parking charge was. So for example if you didn't pay your $1.25 for parking for that hour, your damages that you owe are $1.25, not some sort of penalty of $69.00 or whatever the amount is. So it is limited to what you were supposed to pay."

In the past, Impark and Sterling have admitted they don't go to Small Claims court to collect violation fees.

Instead they both say they use a collection agency to try and encouragement payment.

By the way the fee to file a Small Claims debt in Alberta is $100.

All this doesn't mean you shouldn't pay anything.

Our legal expert suggests you can offer to pay for the time you were overdue or at the very most the daily rate posted for that lot. (ie:$10 or $12)

Can the parking companies tow your car from their lot?

We have discussed this question with several lawyers, the Calgary City Police Traffic unit and the Calgary Parking Authority.

A private parking lot is private property and the operator has the right to tow a vehicle however the owner of the vehicle can't be forced to pay any of the towing costs.

If you show up while it is being towed, they have to drop it and give the vehicle to you without any charges. If they don't you can call the Police and report a theft.

If the vehicle is towed before you return and taken it to an impound lot, again they can't hold the vehicle and force the car owner to pay any of the towing or impound/storage charges.

The company which ordered the towing has to pay those costs and then go after the car owner in small claims court.

If the towing company refuses to return the car, the owner can call the police and have them charged with theft or tampering with a vehicle.

However if a car is parked illegally on private property, which means if it is violating a section of the Highway Traffic act or a City bylaw, then it could be tagged and towed by city police or parking control and then the car owner is responsible for all the costs.

Khyron
01-06-2004, 10:38 PM
So then what about all those lots that have "reserved 24 hours a day" signs for doctors etc? It's a private parking lot but it's not illegal.

Or if someone parks in my stall at work - not illegal but I wouldn't expect to have to pay to have them towed.

Khyron

CRX-R
01-06-2004, 10:41 PM
Originally posted by Khyron
So then what about all those lots that have "reserved 24 hours a day" signs for doctors etc? It's a private parking lot but it's not illegal.

Or if someone parks in my stall at work - not illegal but I wouldn't expect to have to pay to have them towed.

Khyron

no, it's not illegal, but.... the company that owns the property will be responsible for the towing and storage charges. ie; if someone is in your spot, you'd better clear it with the boss before you call to have them towed...

CRX-R
01-06-2004, 10:48 PM
I should mention that the exception to that rule would be; handicap spots at the walmart, doctor's spots at the hospital, police and fire lanes and such... parking is these is against one BYLAW or another and is illegal. The city will tow for these, and yes, you will pay for it.

FiveFreshFish
01-06-2004, 11:07 PM
Thanks for the good information. :thumbsup:



These parking companies are devious in naming their collection agencies. I'll bet a lot of people think these collection agencies are part of the City of Calgary.


Originally posted by CRX-R
In the case of Impark, if you don't pay $37.45 within 7 days, the cost increases to $69.55 and if you ignore that you may be contacted by the City Collection Company.

In the case of a Sterling Parking notice, if you don't pay $30.00 within 72 hours, the violation fee increases to $65.00 and if you don't pay that you will hear from their collection company, Calgary City Collections.

LancerShelby
01-06-2004, 11:12 PM
How does Imperial Parking get your name and address from just your licence plate, if they are just a private company?

nit78
01-06-2004, 11:54 PM
Thanks everyone for the feedback.

So here is what happened when I showed up at the city impound. I told the lady that my car was towed by Imperial parking and she was very quick to respond that no Imperial parking had city parking employee remove the vehicle.

I didn't know that city personal could remove vehicles from private property.

To rub salt on the wound, I was told by the impound rent a cop employee that since my car is lower than most cars (Stock BMW) I had to pay additional charges(extra $50) because they had to use a special towing method. My co-worker was also towed from the parking lot and he drive a prelude with 40 series tires and he just had to pay regular towing charges. What a bunch of Bull S@#$.



Originally posted by CRX-R


no, it's not illegal, but.... the company that owns the property will be responsible for the towing and storage charges. ie; if someone is in your spot, you'd better clear it with the boss before you call to have them towed...

Has anyone been sucessful with this in the past. Were they billed the towing charges to Impark

szw
01-07-2004, 12:32 AM
Originally posted by nit78
Thanks everyone for the feedback.

So here is what happened when I showed up at the city impound. I told the lady that my car was towed by Imperial parking and she was very quick to respond that no Imperial parking had city parking employee remove the vehicle.

I didn't know that city personal could remove vehicles from private property.

This is what I thought had happened. I tried to get some cars towed from a private lot and called City officers. If you have a clear 'signage' they will tow them all away for you. Even if you don't have proper signs up, the officer will put a 24 hr notice sticker on their car. If its still there within 24 hours they will tow the vehicle.

I think the patrol guy said I 'could' be sued afterwards to recuperate the towing fees (if the guy who's car got towed wanted to) ...but...shit..i forget what the guy said. I'm pretty sure it wasn't favourable (to you).

JAYMEZ
01-07-2004, 10:48 AM
This happened to my sister and she made them pay for everything and she just gave them the money that she owed for the parking ticket and she won.

googe
01-07-2004, 11:04 AM
Also, they can only legally win the amount it would have costed you to occupy the space, not the inflated fine on the ticket. :)

rayman913
05-31-2011, 07:45 PM
Hey All,


Sorry to ressurect such an old thread and topic discussed quite a few times on beyond.

But.. I recieved a new type of letter.. with this in it.


"The legal authority to claim the amount due and/or have improperly parked vehicle towed arises undr the law of contract. Our right to claim this amount from owners of vehicles improperly parked on facilities managed by us has been confirmed by a Canadian Federal Court of Appeal decision."

IS this true or bs??

Ray

G-ZUS
05-31-2011, 09:33 PM
Holy 7 year bump batman.....Send them back a plastic spoon and tell them to eat your ass

bjstare
06-04-2011, 10:02 AM
I'm pretty sure it's true. You enter the contract when you purchase a pass to park on their lot.

chkolny541
06-04-2011, 10:21 AM
truth

:closed:

and can we never have another one of these threads..please?