Last week I parked on private parking on Greenbank/Baseline intersection and used the wrong spot. Only half of parking spots are designated to Appletree where I had an appointment. Towing company booted my car and asked me to pay 250+tax.
I contacted City of Ottawa and was told that private parking is not regulated by city and towing company can charge wherever they want. So I paid.
I know I was wrong, but paying $250+tax for a wrong parking spot seems too much.
So next day I called City of Ottawa again and this time they told that I am not the only one who had an issue with this parking and suggested to go to small claim court. My plan is to sue plaza landlord and towing company. One mistake they made is that they were working without city authorization. I am going to use this fact in a court.
My question is has anyone else tried to do this before?
And where can I find reference to act that regulates booting procedure and penalty caps?
Basically I would appreciate any advice. I am not very experienced with parking issues solved in court.
Keep in mind this isn't going to be a Highway Traffic Act issue.
The province only recently started regulating the tow industry. It's under the Consumer Protection Act. It's not very thorough and the rules are basic meant for protecting people who are vulnerable after an accident. It's not going to cover a vehicle on private property.
What you're looking for is going to be regulated by the individual municipality. If it's Ottawa, it will be in their local bylaws.
The issue is not all municipalities are regulating this kind of stuff. In a lot of cases, the rules are there are no rules.
Keep us posted.
Thanks for your comment! Yes, you are right it is not a Highway Act. As appeared it is not even regulated by City of Ottawa. No regulations in towing from private parking at all.
Yesterday I discussed this issue with lawyer. Chances are low - towing company did not break any rule (since there are no rules). Even the facts that they worked without authorization from city does not really change anything.
My other option would be attract media/city attention to this problem by starting campaign, signing petitions, etc. Unfortunately I do not have nether time nor money for this.
I give up. Sorry.
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