DRIVERS have been warned of an “entrapment” loophole when parking in spots they believe to be public – but are actually private.
Many motorists have been hit with unexpected $35 fees over the confusion – which stems from unclear or misleading signage.
A driver was hit with a $35 parking ticket from a private company after unknowingly parking in the wrong place[/caption]
Motorists have been left outraged after discovering bays close to certain establishments in Huntsville, Alabama, are private[/caption]
A councilman is now saying private companies should do more to prevent residents from making the mistake[/caption]
According to a recent report by AL, vehicle owners in Huntsville, Alabama, parking in the city to check out some of its sites, including the United Community Bank at Gallatin Street and Williams Avenue, and the Museum of Art, have been accidentally parking in private bays.
One resident, Karl Kuhn, revealed how he received a $35 parking ticket from a private company called TAGGR – after unknowingly parking in a private lot managed by Parking Management Company (PMC).
He, at first, suspected fraud due to mismatched QR codes and unclear signage.
He said: “I’m thinking this is fraud because the QR code for TAGGR did not match the sign for parking.
“I’m like, this is some guy just handing them out as some kind of fraud thing to get you to pay.”
But as it turned out, he’d unknowingly pulled into a private parking lot.
This has sparked a debate over signage, with local councilman Bill Kling arguing that signs for private parking lots are misleading, resembling public parking signs with unclear messaging about fees.
“It’s almost like entrapment,” Kling said.
“They’re saying public parking, and then people are going to park and then they come in with the real small print signs that say, you’re supposed to pay to park here, and if you don’t, you’re going to get a non-regulated $35 parking ticket.”
In response, Huntsville officials have said they acknowledge the issue and plan to evaluate signage – in a bid to clarify parking rules and ownership.
However, no timeline has been provided.
Kling simply wants privately owned parking companies to do more to prevent regular drivers from being fined.
“If they do not want people parking there, they can certainly put up a barricade or something to keep people from parking in,” Kling added.
“But to have signs that are misleading and then they’re going to ticket them, or have very small print for a parking fee. To me, it’s not right.”
Current regulations require private parking signs to be bright orange and white with specific dimensions.
PMC, which manages parking in large cities across the southeast, like Birmingham and Austin, has two locations in Huntsville; the Park Plaza Offices on Williams Avenue and the downtown Regions Bank.
However, others, including the Museum of Art, use PMC as well.
Danny Owens, the Museum’s communications director, explained that PMC took over parking management in 2022 after acquiring Bird Dog Parking.
It now contracts with TAGGR, a company that hires gig workers to enforce parking rules, clean lots and issue tickets, paying them $5 per ticket.
TAGGR has issued hundreds of tickets recently and violators risk having their cars booted or towed, though no payment reminders are sent in Huntsville.
While PMC holds a “B” rating with the Better Business Bureau, TAGGR has an “F” rating due to unresolved complaints.
Its CEO, Tylar Miller, attributes it to prior account access issues.
Kling, though, has questioned the authority of private entities to issue tickets, drawing parallels to public scenarios where individuals cannot issue tickets themselves.
He said: “Does that mean I can go walking around as a citizen, not council member, and I can issue tickets as well?
“Let’s say there’s a car that’s parked on the curb near a fire hydrant, or something like that, or if there’s a car parked in front of my house on a public curb, do I have the authority to issue tickets on something like that?”
AL added that the city is considering changes to improve communication and signage.
How to fight a parking ticket
You can avoid being ticketed by following all posted laws and ordinances, but sometimes mistakes are made
Like any form of citation, parking tickets are preventable by reading and obeying posted signage. However, when visiting a new city, or state, or in a hurry, things can be missed and mistakes are made.
Suddenly there’s a ticket you weren’t prepared to pay for. If the ticket is a surprise to you, there are a few things you can do to help your case when appealing a parking ticket.
- Carefully read the ticket. Look for errors like incorrect street names, license plate numbers, vehicle make and model, time and date, etc. Errors would then make the ticket invalid.
- Take photos. Of the vehicle in the parking space, lack of signage, or other vehicles that weren’t cited for performing the same parking job. If the ticket involves parking too close to something like a fire hydrant, a photo showing a reasonable distance would help your case. Make sure metadata with the time and date are accessible. Signs that are obstructed by trees, or are on bent posts, or aren’t “obvious” are great things to photograph, too.
- Make sure the statute that was violated is listed on the ticket. If not listed, the ticket is not valid.
- Promptly follow the appeal instructions on the ticket. All legitimate tickets will have directions for appeal. Waiting until the very last moment weakens your argument and can result in late fees.
- When in court, avoid these phrases as they reduce your credibility and weaken your argument: I didn’t know the law; I was on my way to move my car; I can’t afford this ticket; I’ve been doing this for years; or I checked with the parking officer, who said it was OK.
- Contact a lawyer. If you’re running into roadblocks and feel stuck, it may be best to reach out to a traffic lawyer in your area. Many have free case consultations.
Source: Reader’s Digest
