BETTER BUSINESS BUREAU WARNS AGAINST "PREDATORY" BOOTING AND TOWING

"...Be careful where you park, or you may come back to find that your vehicle has been booted or towed. Towing vehicles from private parking lots in Charlotte has become big business – so big that consumers are filing complaints with the BBB and some are alleging predatory towing practices."


SOURCE: http://www2.mooresvilletribune.com/content/2009/oct/09/bbb-warns-against-trolling-wrecker-services/c_0/#comments

REFUNDS FOR "CAR BOOTING" FEES

JERSEY-- Has your car been booted? If it was done illegally, you'll soon be seeing a refund check. The City Council voted 5-4 (with Councilmen Mariano Vega, Bill Gaughan, Peter Brennan and Michael Sottolano voting against) to return money to residents whose cars have been illegally booted in the past four years. Jersey City Parking Authority Director (and former Ward B councilwoman) Mary Spinello has until Sept. 1 to submit a plan for the refunds. (Stay tuned for more on this ...)

SOURCE: http://www.nj.com/hudson/index.ssf/2009/06/jersey_city_municipal_council_2.html

CEO OF BOOTING COMPANY "CRAFTED CITY BOOT ORDINANCE"

HOUSTON- "A company called Equipark is among the new players in the arena. Chief Executive Officer Joe Martin said, "We're doing anywhere from 30 to 60 boots a day."

He admitted that he helped craft the city's boot ordinance while serving on the city of Houston Parking Commission."It kind of dawned on me that there may be a business opportunity here..."

"His company has employees aggressively patrolling a number of lots all over downtown. Local 2 Investigates found them booting cars where payment machines were broken and, in one case, where the valid payment receipt was simply flipped upside down on the dashboard.

Martin said, "We're not trying to find a way to trick them. If we can see that that's a valid receipt, we're not going to boot them, but if we can't see that it's a valid receipt, it could be a receipt they picked up off the ground, it could be a receipt from yesterday, there's just no way of knowing until you see the other side of that receipt."


Source: http://www.click2houston.com/news/21585736/detail.html?dsq=27467814#comment-27467814

AGGRESSIVE "CAR BOOTERS" ANGERING INNOCENT PEOPLE

Some people are outraged over Jersey City's aggressive parking enforcement. Even innocent people are being caught up in the drama.

BOOTING VICTIMS CONSIDERING CLASS ACTION SUIT:





SOURCE: http://www.myfoxny.com/dpp/news/investigative/091215-jersey-city-parking-boot-drama

AN EPIDEMIC OF TIRE CLAMPERS

"...I was faced with someone who was rude, threatening and aggressive. Someone who charged me £120 to release my car. What has happened to decency? These clampers are a new breed of cowboy police who are being allowed to infiltrate our society."

SOURCE: http://www.guardian.co.uk/commentisfree/2009/aug/22/observer-panel-wheel-clamping-just

"Car Clampers" On The Rise

"Car clampers are on the rise as the number of people holding licences for the unpopular practice has soared this year."

“A compulsory licensing scheme for operators will leave clamping firms in no doubt as to their responsibility to the public and anyone breaching the strict code of practice risks losing their licence. Firms will have to ensure signage is clear, fines are proportionate and towing practices are regulated.”
source: http://www.expressandstar.com/2009/12/28/big-rise-in-number-of-legal-wheel-clampers/

"LEGALIZED MUGGING" REGIME

"...Newspaper’s demand for the regulation of a ‘legalised mugging’ regime worth 1billion-a-year."

"... Land owners who allow unlicensed clampers to operate from their property also face jail. Any driver who feels they have been wronged will be able to appeal to an independent tribunal, funded by a levy on parking and clamping companies.

At present, motorists appeal to the clampers themselves – scandalously allowing them to act as judge and jury.

Read more: http://www.dailymail.co.uk/news/article-1238841/Clamping-soars-cowboys-cash-tough-government-regulations-kick-in.html#ixzz0b32GklQo

WHY CAR BOOTING IS NOT A SOLUTION

"Some may say that the high cost acts as a powerful deterrent, but when you consider the fact that many signs are occluded, and many regulatory times unclear, $60 seems like an awful lot to pay for inadvertent infractions, when deterrence isn't necessary."

"Employees of the company are paid solely on commission, meaning if they want money, they have to boot."

"...the lack of a decent appeals process."

"...what about the case of empty lots? Do complexes really need to enforce when there are no cars in the lot? There needs to be a stipulation in the system allowing for this. Again, if booters weren't paid solely on commission, I think we would see less ridiculous enforcement."


SOURCE: http://provopulse.com/?q=node/10889

DALLAS STILL FIGHTING PARKING LOT EXTORTION RACKETS

"...the Dallas City Council passed an ordinance in August designed to crack down on booting companies and the parking lots that employ them...Lots that don't boot cars will not have to issue receipts even if they use towing to enforce payment.

...Council member Angela Hunt, who represents parts of Deep Ellum and who pushed for the receipt requirement, said she wants drivers to know that they are entitled to proof they paid:

"Do I think this will end all booting problems in Deep Ellum? No, because I still think there will be unscrupulous and unethical booting companies. But the city now has some method of penalizing these people in a forceful way," she said.

SOURCE: http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/122809metellumparking.3b3bad7.html

BEWARE OF PARKING LOT EXTORTION

"...$50 to have the boot removed. According to the Atlanta Police Department, this lot has had numerous complaints in the past. Please beware of this possible scam targeting convention-goers."


SOURCE: http://dailydragon.dragoncon.org/2009/beware-of-parking-extortion/

PARKING LOT EXTORTIONISTS MAY FACE $5000 FINE AND 6 MONTHS IN JAIL

"Car clampers are to be banned from charging motorists what they like under a government crackdown...Bosses of private firms who break the rules would face six months in jail or a fine of up to £5,000."



SOURCE: http://www.telegraph.co.uk/motoring/2753890/Relief-for-motorists-as-rogue-wheel-clamping-bosses-face-new-crackdown.html

Government "Crackdown" on Parking Lot Extortionists

“We want to make sure that best practice is being observed and we want to make sure that motorists are not being bullied or intimidated.”

SOURCE: http://www.telegraph.co.uk/news/uknews/road-and-rail-transport/5024036/Crackdown-on-rogue-parking-companies.html

Clamping Industry Out of Control

The amount of money paid by motorists to clampers and private parking companies has reached "epidemic proportions", according to the AA.

SOURCE: http://www.telegraph.co.uk/news/uknews/road-and-rail-transport/6060854/Clamping-industry-out-of-control-AA-warns.html

FOUR TIRE-CLAMPERS ARRESTED FOR EXTORTION

"At the moment the sector is largely unregulated, meaning the outrageous excesses of some operators are allowed to continue unchecked," said councillor Neil Eustace, chair of the council's public protection commitee."



SOURCE: http://www.telegraph.co.uk/motoring/news/5852427/Birmingham-clampers-arrested.html

Clamping is a State-Sanctioned Extortion Racket

"By refusing to clamp down on the clampers, the police are neglecting their duty to protect the public..."

"Extortion is a particularly ugly crime. It is committed regularly, apparently endorsed by the Government. Firms claiming to "protect" privately-owned land from trespassers clamp any car that makes the mistake of parking in an area patrolled by such a firm. The firm's agents then refuse to unclamp the car unless paid hundreds of pounds by the owner or driver, who has to pay up or lose his car. The clampers will increase the fine unless it is paid immediately."



SOURCE: http://www.telegraph.co.uk/comment/personal-view/5804259/Clamping-is-a-state-sanctioned-extortion-racket.html#postComment

PARKING LOT EXTORTION AT STARBUCKS

Extortion Scam

"This is the biggest scam I've ever seen. I was visiting in Charlotte, had a couple of minutes for a cup of coffee, decided to run into Starbucks. I was driving a big truck and couldn't fit in the small parking spaces behind Starbucks, so I parked in the lot behind that. I was in Starbucks less than 5 minutes, came out to get in my truck and couldn't believe this thing was attached to my wheel! This is extortion. All he has to do is sit there and collect money from innocent, unsuspecting people, while telling you there IS a sign there. (But it's in 10 pt type.) I went into the office and told the lady I don't know how she can sleep at night! How can we get the word out? I am sending a letter to Starbucks asking that they put a sign on their door!"

July 18, 2009 by Kris in Frankfort, KY

SOURCE: http://www.merchantcircle.com/business/Key.Man.704-332-7767/review/read?cid=727993

CAR BOOTING A MILLION DOLLAR A YEAR EXTORTION RACKET

"Parking Enforcement Systems is a private company categorized under Parking Stations and Garages and located in Birmingham, AL. Current estimates show this company has an annual revenue of $500,000 to $1 million and employs a staff of approximately 5 to 9."



SOURCE: http://www.reddit.com/r/AskReddit/comments/a12i6/i_got_a_boot_on_my_car_i_moved_it_and_they_said/

Parking Lot Thug Facing 43 Counts of Extortion, 12 Counts of Coercion

“He simply went too far,” spokesperson for the Augsburg public prosecutor’s office Matthias Nickolai said.

The 30-year-old man is accused of 43 counts of extortion and 12 counts of coercion after forced money out of drivers for illegal parking under contract of supermarkets, hospitals and clinics, Nickolai confirmed."


SOURCE: http://www.thelocal.de/article.php?ID=23543#comment1871968

Dishonest, Unregulated Wheel-Clampers

"The activities of less than honest wheel-clampers have been the subject of numerous newspaper articles and Watchdog-style TV shows for many years. Having concluded that self regulation was not the answer, with effect from 3 May 2005 the government introduced a licensing regime for wheelclampers in England and Wales, making it unlawful"


Source: http://www.practicalconveyancing.co.uk/content/view/9847/1126/

Extortion in Victoria, British Columbia Parking Lots

"As residents we have no recourse against these assholes, “pay us or you will regret it.”

Did the governments not ban racketeering and extortion to rid us of the “Mafia”?

But its ok because for Robbins Parking to do it. At least the Mafia extorted money in return for protection. Robbins parking extorts money from us and we get nothing in return other than an unsafe place to park our vehicle for a short period of time."



Source: http://www.psyc3d.com/victoria-parking-woes/comment-page-1/#comment-2620

Petition To End Tire Clamping on Private Land (SCOTLAND)

We the undersigned petition the Prime Minister to Outlaw Private wheel clamping and vehicle removal companies. More details

Submitted by Tom Halvey – Deadline to sign up by: 15 January 2008 – Signatures: 263

"

More details from petition creator

"The Facts about wheel-clamping in Scotland, in 1992 wheel-clamping on private land was banned overnight, as it was declared to be extortion and theft. * Many clampers don’t have offices and work from PO Box addresses or from mobile phones. Charges can range from around £50 to over £500 for the removal of clamps and towing away fees. The government brought in legislation that has effectively legitimised extortion by clamping companies, how can clamping be a crime of extortion in one part of the U.K. and is then legitimised in another area of the U.K.

Fines/costs levied are far in excess of anything that could be called reasonable.We are concerned that there are inherent flaws with the licensing scheme arising from the fact that there is no enforceable code of practice that clampers have to abide by upon receiving a licence and are still able to charge as much as they like. The government should look to rectify this as a matter of urgency."

Is Private Clamping Legal?

"According to the RAC, the clamping of cars by private companies could be an infringement of the 1998 Human Rights Act. The motoring organisation says that the fines charged by private individuals are usually exorbitant and unjustifiable.

The fines for parking on private land are also demanded without any type of legal process and this is something that the RAC would like to see changed. The changes would certainly help people with courier jobs, as there is nothing worse than returning from a delivery to find a large yellow wheel clamp placed on your beloved van."

"So how exactly is wheel clamping illegal? Chris Elliott, a barrister for the RAC, argues that the concept of one citizen punishing another is alien in English law and that the purpose of clamping is simply to prevent a vehicle being on private land without permission. Therefore, Chris argues, clamping is perverse as it perpetuates the harm caused to the landowner which is ultimately a self-inflicted wound.

The only tactic is to punish or deter, both of which have no foundation in English law. This is because they are based on a notion that one person cannot punish another and that punishment is a power reserved solely for the State.

There are further arguments by barristers that the practice of clamping is also contradictory to protocol 1 of the Human Rights Law, which states that every person is entitled to the peaceful enjoyment of his possessions and should not be deprived of them, unless in accordance with English law."


Source: http://ezinearticles.com/?Is-Private-Clamping-Legal?&id=3060854

Wheel Clamping Is Illegal In Britain

"A NUMBER of articles and letters have appeared in the Argus over the past two weeks on the question of wheel clamping.

When are those involved going to wake up to the fact that wheel clamping is illegal under the laws and constitutions of Great Britain.

Arbitrary fines were made illegal some 600 years ago by the Magna Carta, which guaranteed the right of trial before any fine or other punishment could be imposed.

This has been ratified several times since, in such acts as the 1689 bill of Rights, the 1701 Act of Settlement, and Article 6 of the 1998 Human Rights Act.

No one can be subjected to a fine unless found guilty in a court of law.

Putting up notices stating an intention to clamp illegally parked vehicles does not make the act lawful. Under civil law, as opposed to criminal law, you cannot have your goods seized for non-payment of a debt unless the debt has been proved in the civil court and a warrant issued.
Neither do any of the clamping firms have any defence by claiming to be licensed. No one can be licensed to break either the criminal or civil law,

Anyone who has been clamped is quite entitled to sue for damages in the civil courts. "


Source: http://www.digitalspy.co.uk/forums/showthread.php?t=764326