Quote:
Originally Posted by Glion
City fines you better pay up... impark etc email them saying their fine is illegal as it contradicts our codes of contract law. As they can only seek damages equal to what damages they can prove. As the damages would be whatever parking fee they missed out on then offer to pay the fee ie10$ or whatever or nothing that is their option. If they refuse tell them to take you to small claims court and prove their damages. I took contract law and they just hope you pay the fine.
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I agree if you actually fight it and ignore them they eventually probably leave you alone as it's probably not worth their time to chase you and pay for court costs and stuff. I can see that. Never thought about it too much but is interesting.
The way I look at it - Impark administers a service for a prescribed price - in this case a parking spot, in a lot they lease, in exchange for the rental of that spot for the prescribed time period for the spot in question.
If you choose not to pay for that parking, they can, legally, seek payment for that spot - I think where it gets "grey" is when the spot would have been $20 for the day and they try to get a $75 fine out of you.
I'm genuinely curious what the law is on this.
I can see, and agree, you owe $20 and you, who decided not to park, is kinda like a thief stealing (or renting) something that isn't yours to take for free.
And …. It certainly has no "contract" in place that prescribes these additional "damages" (fines) unless that's written somewhere in the parking lot like "$75 fine for non payment" in which case, the terms of using the lot, when you entered, are in place and if you don't meet your obligation to pay, But maybe they can have a case because the fine was posted.
Interesting thoughts - I wonder what a lawyer would say. Strictly out of curiosity.