03/16/2012
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 that's ALL, in my opinion. The penalty portion of the ticket is NOT legal. 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 against private parking companies in that state for issueing private tickets that include penalties with NO due process of law, all because of consumer complaints. This is new legal territory in Oregon, but precedant has been set in other states. Being punished without due process of law violates the 5th and 14th Amendments to the US Consitution and Section 21 of the Oregon Constitution and The Constitution of the United States, Article I, Section 9, paragraph 3 provides that: "No Bill of Attainder or ex post facto Law will be passed."
You may want to find an attorney. They MAY 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.
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! They are trying to collect a frivilous debt and you can take them and the parking company to court for negligence and harassment. Know how to deal with collections agency at the two government links I have provided above. 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
Attend a Portland City Council meeting to complain in person in public.
Call or write the mayor and the governer, they may refer your letter to a different state department, but you'll get their attention!
Write letters to the editor of the Oregonian, Willamette Week, Asian Reporter, TV stations etc
You may want to 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, and ask they completely review the city code for legal issues.
Write your STATE senators and Representatives. Demand they ask the Oregon Attorney General review the Portland City code to see if it's legal.
Contact shows such as The Clark Howard show as heard on 860 AM or "Carl in the Morning" on 620AM
THESE LINKS WILL GET YOU STARTED!
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