DRIVERS who have been slammed with $125 parking tickets are fighting back.
Those who received a hefty fine for parking violations are now suing the city.
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It was revealed that in certain neighborhoods in South Carolina private collectors were issuing parking violations and collecting money from drivers who didn’t know any better, as reported by The Island Packet.
After drivers discovered the truth, several have filed lawsuits against the privatized parking operations.
Drivers in Beaufort County and three other South Carolina communities were shocked to find out about the parking system.
Impacted drivers debated whether or not the city should be allowed to employ outside companies to enforce parking rules rather than rely on the town’s police department.
The lawsuits were filed last month by the communities of Beaufort, Isle of Palms, and Folly Beach.
The decision will confirm whether or not private contractors can fine drivers for parking illegally.
While there hasn’t been a ruling yet, multiple cities have already started to take action against some of these outsourced companies, as reported by The Island Packet.
One South Carolina resident, Miranda Black, told The Island Packet that the Orangeburg County authorities shouldn’t be allowed to delegate funds to private contractors.
Black was one of the drivers who received a $125 fine.
In February, she filed a class action lawsuit on behalf of herself and others who have been hit with the hundred-dollar fine.
She wants the Court of Common Pleas to declare that only a city’s local police department is allowed to issue parking violations.
Not only that, Black believes that any money that was collected by a private contractor should be returned to the driver.
The lawsuit claimed that these private contractors get a portion of the revenue that’s generated from issuing parking tickets.
A spokesperson for the city of Beaufort declined to comment on the pending lawsuit, as reported by The Island Packet.
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.”
- “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
Two South Carolina residents, Kevin Smith and Hunter Summey, also filed a civil lawsuit regarding the legality of having a private contractor administer parking tickets.
Lawmakers and city officials have chimed in on the issue.
In November, South Carolina’s Assistant Attorney General Cydney Milling said police should not have the power to delegate parking enforcement to private contractors.
“Parking enforcement involves the exercise of a municipalities police powers,” the opinion said.
“Based on prior opinions of this Office, police power may not be delegated to private entities absent legislative or constitutional authority.”
“Finding no such authority, we do not believe a municipality may delegate parking enforcement to a private entity.”
