A Portland parking company’s decision to start issuing tickets and fines did not raise objections from city or state officials Thursday, although the practice by other companies has been challenged in other states.
Some local officials have welcomed Unified Parking Partners’ new ticket policy because it replaces the company’s use of metal wheel clamps – or boots – to immobilize vehicles until their owners pay extra fees for exceeding their prepaid parking time.
Since it began managing private parking lots in Portland in 2014, Unified has been criticized for its aggressive use of the boot when a vehicle stayed beyond the time paid for by the driver. The company would charge a fee of $40 to $70 before removing the boot and allowing customers to drive away.
The company changed its enforcement policy Wednesday and began issuing $20 “tickets” to people who overstay their prepaid time. The company says the amount will be doubled if not paid in 10 days.
While calling them tickets, the notices left on the cars do not have the legal standing of a city parking ticket or traffic ticket and are effectively bills for a private service.
Unified operates 16 pay-and-display parking lots scattered around downtown Portland and manages 6,000 parking spaces citywide. Its lots are used by locals and visitors to the commercial and arts districts.
Unified ran into a strong backlash from customers because of its booting practices and it drew complaints that the company was trying to pass itself off as city parking enforcement by using similar signs and wearing similar uniforms. The City Council enacted an ordinance last year requiring, among other things, that lot signs clearly indicate the lots are managed by a private company, not the city.
CHANGE WELCOMED BY SOME
The company’s new ticketing policy is also somewhat similar to the way the city enforces parking rules.
However, while city parking tickets must be paid before residents are allowed to register their vehicles, tickets issued by a private company don’t have the same legal backing and are more like a bill.
Asher Chappell, a partner and manager with Unified Parking, said the tickets do not resemble city-issued parking tickets, but he did not provide an example or an image of one as requested. He said that people who think they were unfairly ticketed will be able to file an appeal with the company online.
Jessica Grondin, the city’s communication director, said people should view Unified Parking’s “tickets” as they would a bill, equating them to a fine for returning a movie or library book late.
“When we enforce a ticket, we’re saying it’s a code violation. When they issue something it’s a fee for the service they run,” Grondin said in an email that included city attorneys and the city’s parking director. “While we didn’t have a role in developing their new policies, we did meet with them to discuss how their signage would have to change to ensure compliance with the signage requirements of the booting ordinance.”
The issue of private companies issuing parking “tickets” has been a hot topic elsewhere in the United States, including in San Francisco and Los Angeles. California’s attorney general ruled in 2011 that private companies could not issue fines, but the practice is allowed in Portland, Oregon.
The Maine Attorney General’s Office does not have any concerns about the practice here, spokesman Timothy Feeley said.
“This would appear to be a private contractual/billing issue between the company and their patrons. We cannot offer legal advice to private citizens or businesses,” Feeley said. “However, we always encourage businesses to clearly state the terms of their service plainly so that consumers understand what it is they are paying for and any obligations they may have for using the service. If consumers are not being informed of the penalties for overstaying their prepaid time there could be an unfair-trade practice.”
The change was warmly received by some, including the Portland Downtown District, which received a lot of complaints about the business last summer, said Executive Director Casey Gilbert.
Gilbert said Unified Parking officials have been responsive to addressing concerns raised by his business group.
“We have always encouraged them to consider more user-friendly practices,” Gilbert said. “I think it will provide a more pleasant parking experience for Portland residents, and also our visitors who come during the summer months.”
RESPONDING TO NEGATIVE PUBLICITY
City Councilor Edward Suslovic, who heads the council’s Public Safety Committee, said he has never had any concerns about the business, which he credited with helping to increase the amount of public parking downtown.
“I see this as a decision on their part to soften their collection. Instead of finding yourself with a boot you have this notice,” Suslovic said. “I’m sure some people will complain about that. If you can’t pay the fine, don’t park in the lot.”
Chappell said the change is designed to make the parking experience more consumer friendly. He said the negative publicity associated with booting a vehicle was “overshadowing the benefits” of the company, which has opened up about 3,000 parking spaces that were previously off-limits to the public.
Chappell conceded that people will not be happy to get a ticket, but at least they will be able to drive away.
“At least it’s not that initial shock of seeing a boot on your wheel,” he said. “It’s a lot easier to take a ticket off your windshield and drive off.”
But not everything about the change is consumer-friendly.
The company will eliminate a 20-minute grace period previously given to violators and may begin issuing tickets as soon as time expires, Chappell said.
A sign in a lot managed by Unified Parking indicates that a new ticket may be issued every two hours the vehicle remains in violation, meaning a car owner who is two hours overdue will be “fined” $40.
Fines double if not paid within 10 days, and Chappell said unpaid fines would be referred to a collection agency.
Vehicles with two or more outstanding tickets will get booted and the driver will still have to pay a $40 to $70 fee and the unpaid fines to remove the boot.
ONE VIEW: POLICY STILL ‘PREDATORY’
Heather McIntosh, a 36-year-old waitress and full-time student, had her vehicle booted last year, but the company refunded her money.
She believes the new policy is still “predatory,” because the company can issue multiple tickets before booting a vehicle. That effectively increases the amount of money it can collect. “They shouldn’t be able to issue multiple tickets,” McIntosh said. “This is predatory parking. It does not bode well for our economy, which is essentially based on tourism. The Portland City Council and Mayor (Ethan) Strimling need to get on this.”
Strimling said he was “very pleased” with the changes made by Unified Parking, which has previously hired Baldacci Communications to do strategic planning work. Baldacci Communications also has worked on Strimling’s mayoral campaigns.
“I hope ultimately they come up with a policy most cities have where you pay for the time you use and you don’t get a boot,” he said.
Send questions/comments to the editors.
