You shouldn't have paid:
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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.
