Parking Boot Nonsense: Class Action Lawsuit?

Six years of city thievery reaching a tipping point?

Did you know that if you have a VALID Hoboken parking permit sticker, you still might receive a summons and a parking boot?

Jumping through hoops to right a wrong in Hoboken

Sources tell Hoboken411 that this practice has been going on for around six years – and even if the city inaccurately summons & boots your vehicle, they cannot refund the boot fee in court. Here’s what one reader (a lawyer) had to say about his experience:

“I have been a resident for 11 years and recently received a boot for allegedly not having a valid parking permit. The permit was valid and was renewed. The town and the prosecutor acknowledged this – I even received confirmation from the Parking Authority. The town agreed to dismiss the ticket. However, the town would not refund the boot fee. I was told that in order to recover the boot fee, I would need to try the case and then file a lawsuit against the town to recover the $150 boot fee.

This is completely unfair and should not be permitted. The Town should seriously reconsider this policy. I’m an attorney and would love to find someone who has the time to challenge this. It is crazy. You realize that it will cost $15 just to file the small claims complaint and then you have to try that case to try and recover $150 for a dismissed ticket.

Also, the Court requires you to waive your right to challenge the boot fee if you accept the dismissal of the ticket. Maybe when I get slow this year, I will file a class-action against the town, parking authority and company providing the boots to make make this rule go away.”

Would you want to participate in that class-action lawsuit? Should your boot fee and added “inconvenience” fees be added to your refund?

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67 Comments on "Parking Boot Nonsense: Class Action Lawsuit?"

wiskeytango1
Member
wiskeytango1

Mr ms attorney…depending on your income not my business you can afford to file a class action law suit against this moronic hpu tzar…15.00 you spend on lunch..You can set a presadint/ excuse typo that will start the ball rolling..Im sure you can do that..Notice all the protests at city hall and the former mayors home for the culture of corruption? what is this bull chit against the residents of Hoboken called? K Y jelly allowed.You sure can retrieve the boot cost..Start your own web site and you will see those that log on..no one has the balls to challange the system..Also im sure you can contact the DOT with no problem…lotta chit going on and getting out of hand..go for it mr attorney. ❓

rafcin
Member
rafcin

sign me up. this procedure is a clear scam, pure double-dip attempt to maximize their revenue. I made a mistake of forgetting to “display” my business parking permit and parked in permit-only part of Hudson street. I walked by my car at noontime – nothing. at about 1:45PM one of my coworker told me that he noticed a boot on the car.
I walked over and found a parking ticket ($68.00) written at 1:35PM AND the boot on the wheel. Ok, I can understand the ticket – after all the instruction to be “clearly displayed” is printed on the permit. What gives these idiots the right to boot the car IMMEDIATELY after issuing the ticket??? there is NO other purpose but getting additional revenue ( $150 for removal ) ; I walked over to HPU and I was told I can argue the ticket but the boot fee refund is not guaranteed, I can however apply for it once ticket is dismissed.
All they counting on is for people not willing to waste at least 1/2 day in the court etc. to argue it. It’s outraging.
I’ve all of the docs (incl. picture of the booted car); please do keep me in mind if a class suit is being formed.

wiskeytango1
Member
wiskeytango1
rafcin Go back further.A former mayor saw a golden cow and combined the city with the then PA.Demoted a director that has been there over 25 years and forced her out The HPU is a money maker for the city..Just in coins alone forgetaboutit…Many people don’t have the money to release their vehicles and dont have credit cards..Again keep all this in mind the next 21 months and the state primary election.A leader leads but does not rule..I am willing to bet many who posted voted for change..You can bet they sure got change,coming out of their pockets.Cut the snakes head off the body dies..If that happens all rest will be in lock step.. 😆 [quote comment=”207404″]sign me up. this procedure is a clear scam, pure double-dip attempt to maximize their revenue. I made a mistake of forgetting to “display” my business parking permit and parked in permit-only part of Hudson street. I walked by my car at noontime – nothing. at about 1:45PM one of my coworker told me that he noticed a boot on the car.I walked over and found a parking ticket ($68.00) written at 1:35PM AND the boot on the wheel. Ok, I can understand the ticket – after all the instruction to be “clearly displayed” is printed on the permit. What gives these idiots the right to boot the car IMMEDIATELY after issuing the ticket??? there is NO other purpose but getting additional revenue ( $150 for removal ) ; I walked over to HPU… Read more »
wiskeytango1
Member
wiskeytango1
mr attorney..Your to wise not to look into the situation regard the nj state dot laws. your can call email them and falls on deaf ears..Does the statues hold true for all the 21 countys and their countless cities in our state.?.Rules were /are..Must have a valid NJ reg…that matches your name and address. One state and one law.. Just like the cutie pies that have handi cap tags on visors and let daughter and sons put them on their rear view mirror..when pkg. Handi cap are allowed two quarters in meters or at one time that was the rule starting at nine am..Sweepers circumvent parked hanicap vehicles…If your hanicaped shouldn’t be driving a vehicle.The key here is that the tzar wants most everyone to ride bikes in exchange for a 100.00 packet of coupons and a movie ..Today the moving vans are alll over the city causing more pkg problems..Many people need their vehicles for personal reasons…Mr attorney only 21 months to go. 🙄 [quote comment=”207426″]rafcin Go back further.A former mayor saw a golden cow and combined the city with the then PA.Demoted a director that has been there over 25 years and forced her outThe HPU is a money maker for the city..Just in coins alone forgetaboutit…Many people don’t have the money to release their vehicles and dont have credit cards..Again keep all this in mind the next 21 months and the state primary election.A leader leads but does not rule..I am willing to bet many who posted… Read more »
fairlady
Member
fairlady
I am in! I received a boot for parking in a residential spot. Mind you, I did not have a sticker, but the very fact that not only do you pay $150.00 boot fee, but you are obligated to return it to the parking garage within 24 hours is absurd. I realize in the past, this fee would cover the charge for someone to come out and remove the boot (based on what I’ve heard from others). My question is now, how is it legal to charge such an exhorbitant amount when the only charge is for the person putting it on the car and writing you a ticket any way. Secondly, they should have a forgiveness for first time offenders. The writing regarding the boot is in fine print at the bottom of the sign and unless you are right on top of that sign, it can not be seen. Mr. Attorney, I recommend you take photos of these absurd signs. I already have and am more than happy to supply them to you. This is absolutely criminal. I am sure the parties in working for the city have some financial interest in the booting company and this is what needs to get exploited. I seems to dirty to be real.[quote comment=”207431″]mr attorney..Your to wise not to look into the situation regard the nj state dot laws. your can call email them and falls on deaf ears..Does the statues hold true for all the 21 countys and their countless… Read more »
GloballyRelaxed
Member
GloballyRelaxed

You lost your argument on the first line that you wrote unfortunately.

You parked on the residents side with no sticker, should have either walked to check one of the signs which are usually on every block or asked someone.

[quote comment=”210464″]I am in! I received a boot for parking in a residential spot. Mind you, I did not have a sticker, but the very fact that not only do you pay $150.00 boot fee, but you are obligated to return it to the parking garage within 24 hours is absurd. I realize in the past, this fee would cover the charge for someone to come out and remove the boot (based on what I’ve heard from others). My question is now, how is it legal to charge such an exhorbitant amount when the only charge is for the person putting it on the car and writing you a ticket any way.Secondly, they should have a forgiveness for first time offenders. The writing regarding the boot is in fine print at the bottom of the sign and unless you are right on top of that sign, it can not be seen. Mr. Attorney, I recommend you take photos of these absurd signs. I already have and am more than happy to supply them to you.This is absolutely criminal. I am sure the parties in working for the city have some financial interest in the booting company and this is what needs to get exploited. I seems to dirty to be real.[/quote]

wiskeytango1
Member
wiskeytango1

globally..Your correct in regard to the rules impoised on the residents..forget the $$$ made on the boots..The county and state share in most of the summons..The key is the amount the hpu brings in with just the meters alone..Proof is the incident a year ago..An informer blurted out that at least 17,000 either once or twice a week is collected..Just on seven blocks and east and west as well as near around ST Marys Hospital..If the former mayor had not Incorperated combined the PU with the city this would not be today.The golden cow to bail out the citys woes now has become a circus..Don’t see any protests outside city hall. 💡 [quote comment=”210467″]You lost your argument on the first line that you wrote unfortunately.You parked on the residents side with no sticker, should have either walked to check one of the signs which are usually on every block or asked someone.[/quote]

wiskeytango1
Member
wiskeytango1
After reading all the negiative comments in regard to the HPU keep this in mind when election time rolls around in 21 months.i noticed a employee post a sign ( get this one)on the side of one of them advertisment car ad dispensers located near a firehouse on Washington St..up town.This employee is typical of what they hire right out of Bergen Pines Psych Hospital.at 16,000 per year.No background checks,no dress code and again look on the main ave dress like they pulled their cloths out of a hamper..One dosent know if theire homeless or working for the ctzar.. Before the former mayor incorperated the city and hpu there was a commission and a director that was fair and would listen to complaints. This year they caused an error in panicikng the people in regard to reneual of tags and caused a crowd larger than the cake boss in city hall basement..better than a class suit being formed rather a protest outside the directors office..Hire people and train them properly instead of the cretens they have now.Many of them are political favors that never passed the 5th grade..remember election time 👿 [quote comment=”207404″]sign me up. this procedure is a clear scam, pure double-dip attempt to maximize their revenue. I made a mistake of forgetting to “display” my business parking permit and parked in permit-only part of Hudson street. I walked by my car at noontime – nothing. at about 1:45PM one of my coworker told me that he noticed a… Read more »
homeworld
Member

Also, since they ask for your phone number and address on the parking permit applications, why can’t they call you to notify you before they tow your car when a temporary no parking sign is put up. My car was towed from in front of the building next door to me and I could have had it moved within 30 seconds if they had given me a call.

I guess that wouldn’t net the City the $45 for the ticket and the $80 to somebody’s pal at Mile Square Towing.

YouStayCl@ssyHoboken
Member
YouStayCl@ssyHoboken

Seems like common courtesy. Were the signs posted when you parked there?[quote comment=”206196″]Also, since they ask for your phone number and address on the parking permit applications, why can’t they call you to notify you before they tow your car when a temporary no parking sign is put up. My car was towed from in front of the building next door to me and I could have had it moved within 30 seconds if they had given me a call.I guess that wouldn’t net the City the $45 for the ticket and the $80 to somebody’s pal at Mile Square Towing.[/quote]

homeworld
Member

It was posted behind a staircase on a tree facing the wrong direction on a one way street, 25 feet from the curb. When I contacted the HPU to ask if they have any guidelines as to how signs are placed they said no, but they’re working on it. [quote comment=”206198″]Seems like common courtesy. Were the signs posted when you parked there?

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animal_lover
Member
animal_lover

Sounds like a old comedy where the out-of-towner is in jail for speeding. When the visitor protests the judge, who incidentally is also the pharmacist, says “didn’t you see the sign painted on the rock under the bush?”[quote comment=”206218”]It was posted behind a staircase on a tree facing the wrong direction on a one way street, 25 feet from the curb. When I contacted the HPU to ask if they have any guidelines as to how signs are placed they said no, but they’re working on it.

[/quote]

YouStayCl@ssyHoboken
Member
YouStayCl@ssyHoboken

Behind a staircase? Is that uptown? I had a similar situation where my car was towed from in front of my apartment after I’d just checked on it–no signs posted, no phone calls, no warnings… no recourse but to show up in court to waste more of my time and $. HPU says that they try to phone vehicle owners, but they are under no obligation to do so. Signs are ‘posted’ without uniform standards and that’s considered acceptable practice.

The realtors and contractors have figured out how to put up temporary signs, and the chinese and pizza restaurants have figured out how to ‘notify’ the whole street of their lunch specials.. but HPU hasn’t figured out a reasonable way to notify that residents’ vehicles are about to be seized because a neighbor paid a few bucks for a declaration of emergency (e.g., a new living room set). [quote comment=”206218″]It was posted behind a staircase on a tree facing the wrong direction on a one way street, 25 feet from the curb. When I contacted the HPU to ask if they have any guidelines as to how signs are placed they said no, but they’re working on it. [/quote]

homeworld
Member

Here’s a photo of where it was located. I was parked where the white SUV is.

comment image[quote comment=”206221″]Behind a staircase? Is that uptown? I had a similar situation where my car was towed from in front of my apartment after I’d just checked on it–no signs posted, no phone calls, no warnings… no recourse but to show up in court to waste more of my time and $. HPU says that they try to phone vehicle owners, but they are under no obligation to do so. Signs are ‘posted’ without uniform standards and that’s considered acceptable practice. The realtors and contractors have figured out how to put up temporary signs, and the chinese and pizza restaurants have figured out how to ‘notify’ the whole street of their lunch specials.. but HPU hasn’t figured out a reasonable way to notify that residents’ vehicles are about to be seized because a neighbor paid a few bucks for a declaration of emergency (e.g., a new living room set).

[/quote]

YouStayCl@ssyHoboken
Member
YouStayCl@ssyHoboken

It seems more logical for HPU to post the sign on the utility pole and create the temporary restricted area there, where people can see it. Or otherwise put a police ‘sawhorse’ curbside if circumstances require a more precise address (e.g., for a heating oil delivery or a roto-rooter truck). The white SUV appears to be beyond the impact area vs. the car in front; are those signs good for one car length?

Were you able to get this dismissed at the preliminary hearing? How was the towing refund handled?

[quote comment=”206223″]Here’s a photo of where it was located. I was parked where the white SUV is.[/quote]

homeworld
Member

No, I just sucked it up and paid the ticket and tow after writing a letter to the HPU. Even if the ticket was thrown out, the towing fee would not. And there was a posted sign, just in a really crappy location, so it’s still my fault for not having a flash light and searching behind trees.

Ironically, in the “good old days” of John Corea, it probably would have been thrown out. [quote comment=”206321″]It seems more logical for HPU to post the sign on the utility pole and create the temporary restricted area there, where people can see it. Or otherwise put a police ‘sawhorse’ curbside if circumstances require a more precise address (e.g., for a heating oil delivery or a roto-rooter truck). The white SUV appears to be beyond the impact area vs. the car in front; are those signs good for one car length?Were you able to get this dismissed at the preliminary hearing? How was the towing refund handled?

[/quote]

Stpaddygirl
Member

The HPU will call you they have called me twice to move my car. Unfortunately signs were not posted 24 hours prior to my parking either time. Once was the Hobo St. Pats Day Parade where I had to put the damn car in the Sky Club and pay $90…still cheaper than boot/towing but I did get a ticket even tho they called me!!![quote comment=”206198″]Seems like common courtesy. Were the signs posted when you parked there?[/quote]

homeworld
Member

I guess you lucked out if they called you. I guess they were too busy at Dunkin Donuts to call me.[quote comment=”206203″]The HPU will call you they have called me twice to move my car. Unfortunately signs were not posted 24 hours prior to my parking either time. Once was the Hobo St. Pats Day Parade where I had to put the damn car in the Sky Club and pay $90…still cheaper than boot/towing but I did get a ticket even tho they called me!!!

[/quote]

YouStayCl@ssyHoboken
Member
YouStayCl@ssyHoboken

Has anyone talked to an attorney who actually knows something about municipal tort law? Any recommendations?

animal_lover
Member
animal_lover

Class action is not the only way to go, this is a predatory practice that towns perpetrate to add to the city coffers. They sent me dismissive notices even when the court ordered the Parking Authority to pay back the money. The city all pulled each other apart pointing fingers. My suggestion is to hold them each accountable ( Ian Sacks, mayor Zimmer, Arch Liston and your council person as well as the transportation Committe chair) and don’t stop holding their toes to the fire till you get results. And while you’re at it write your state assembly person to stop these predatory practices. Also, hold Zimmer accountable because she fibs and creates stupid technology as a pretext that they are doing their jobs when actually the town is paying through the nose because no one has time to pursue.

YouStayCl@ssyHoboken
Member
YouStayCl@ssyHoboken

So, how did that work out for you? Were you able to avoid small claims court? I agree that the technology is a joke–it’s like putting a band-aid on an open wound. Pursuing these cases individually costs more time and aggravation than they’re worth, and not pursuing exacerbates quality-of-life problems for all residents. [quote comment=”206030″]Class action is not the only way to go, this is a predatory practice that towns perpetrate to add to the city coffers. They sent me dismissive notices even when the court ordered the Parking Authority to pay back the money. The city all pulled each other apart pointing fingers. My suggestion is to hold them each accountable ( Ian Sacks, mayor Zimmer, Arch Liston and your council person as well as the transportation Committe chair) and don’t stop holding their toes to the fire till you get results. And while you’re at it write your state assembly person to stop these predatory practices. Also, hold Zimmer accountable because she fibs and creates stupid technology as a pretext that they are doing their jobs when actually the town is paying through the nose because no one has time to pursue.[/quote]

animal_lover
Member
animal_lover

YoustayCI – exactly not pursuing only makes matters worse in the long run for everyone. Raise enough hell and the parking authority will think twice about ticketing your plate ever again. So far I have got the money I am out but have not given up on the idea of bringing suit against the City for the fraud.[quote comment=”206065″]So, how did that work out for you? Were you able to avoid small claims court? I agree that the technology is a joke–it’s like putting a band-aid on an open wound. Pursuing these cases individually costs more time and aggravation than they’re worth, and not pursuing exacerbates quality-of-life problems for all residents.

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