Lately in Toronto Collection agencies have been relentless in collecting Parking Tickets that are illegally issued by private parking lot owners. They are illegal because an Ontario court ruling prohibits private property owners or their agents from issuing parking tickets/notices demanding payment for parking on private property. As a result of the decision, the only document that may be issued for parking on private property without the property owner's consent is a City parking infraction notice (parking ticket) issued under the Provincial Offences Act. The Toronto City Council addressed the issue because of complaints to City officials and the police.
The agency that is issuing these collection notices is issuing on the letterhead 'Municipal Parking Corporation'. It is issued form its Collection Department that reads 'Notice of Default'. Municipal Parking Corporation (MPC) is a private company that offers parking enforcement with their private ticket programs that use 'Trespassing laws' to issue tickets on behalf of their clients that are commercial, institutional or residential property owners. (Website http://www.municipalparking.ca/)These private parking lots have access to license plate information through the ministry which enables The collection agencies to get the personal information to issue these notices. CityTV in Toronto has already brought this to light and has approached both the Transportation Minister- Mr. Jim Bradley and Mr. Ted McMeekin the Minister Government and Consumer Services to take the necessary actions to protect the consumer a) by halting these fake tickets and bogus fines and b) protect the consumer's personal information that can be easily stripped by using the license plate numbers database that is in the domain of the Ministry of Transportation.
There are two issues here
1) Identifying a bogus v. the one actually issued by the City of Toronto under the Provincial Offences Act
The fundamental difference is that the legit parking ticket issued by the cops in the City of Toronto is yellow in colour with the City of Toronto's logo on it. (Click on the image to see a sample) The ones issued by MPC tend to be white or off-white with the logo somewhat mimicking the city's logo. 
2) Dealing with an aggressive and relentless Bill Collector from a Collection Agency
As a consumer if you are faced with very pushy and sometimes obnoxious bill collector from a collection agency and you feel that you are being treated unfairly, keep in mind that debt collectors are governed by the Ontario Collection Agencies Act. (Web Link: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90c14_e.htm )The Collectors and Collection Agencies are regulated by the Ontario Ministry of Government and Consumer Services
As starters you may want to first speak with the manager of the collector and then if necessary lodge a formal complaint with the Ministry's Consumer Protection Branch.
As an ‘FYI’ the regulations coded in Ontario Collection Agencies Act forbid collection agencies from:
- contacting you until six days have passed from sending you written notice of the following:
• the name of the creditor
• the balance owing
• the name of the agency and its authority to demand payment - continuing to contact you if you did not receive the notice unless a second copy of the written notice is sent to an address provided by you, and then contact may only be made six days after sending notice;
- contacting you if you send a registered letter to the agency saying that you dispute the debt and suggest the matter be taken to court;
- contacting you if you or your lawyer notify the agency by registered mail to communicate only with your lawyer, and you provide the lawyer's name, address and telephone number;
- contacting you on Sunday, except between the hours of 1 p.m. and 5 p.m., and on a holiday;
- contacting you other than by ordinary mail more than three times in a seven-day period without your consent, once the agency has actually spoken with you;
- using threatening, profane, intimidating or coercive language, or using undue, excessive or unreasonable pressure;
- continuing to contact you if you have told them that you are not the person they are looking for unless they take reasonable precautions to ensure you are that person;
- giving false or misleading information to any person;
- recommending to a creditor that a legal action be commenced against you without first sending you notice;
- contacting your employer except on one occasion to obtain your employment information, unless your employer has guaranteed the debt, the call is in respect of a court order or wage assignment or if you have provided written authorization to contact your employer;
- contacting your spouse, a member of your family or household, or a relative, neighbour or acquaintance except to obtain your address and telephone number unless the person contacted has guaranteed the debt or you have given permission for the person to be contacted.
The Consumer Protection Branch of the Ontario Ministry of Government and Consumer Services can be contacted at:
Toll Free: 1-800-889-9768Toronto: (416) 326-8800Web Link: http://www.gov.on.ca/mgs/en/Contact/STEL01_045739.html
5 comments:
If there are signs on the lot stating that there is a fee, and that upon entering the property you must agree to the terms of use stated therein. The property owner or a third party hired by the owner, is allowed to issue a notice of nonpayment informing the parker of the increased fee. It is then there right as a business to take any legal action available to them, to obtain payment of the amount owing plus any other fees resulting from having to take further action. The reason the notice is more than the rate to park all day, is due to the fact that the owner needed to check all the cars in the lot just to find the ones that didn’t pay. So basically if the signs are right, just by entering the property and leaving your vehicle there. You are agreeing to the terms outlined by the owner. Which usually are to the effect of here are the prices per hour or for all day, and if you don’t pay at the station or are parked improperly then the fee is increased to reflect the cost of having to find tag and potentially remove the car. There is a legal president set by Imperial Parking Canada v. Canada, wherein the court issued a decision in the favor of Imperial Parking Canada. The decision was regarding their legal right to issue and enforce fees associated with this practise of enforcement. This being said most parking company’s do not make huge dollars from these violations after you factor in the cost to issue (ie uniforms, wages, millage, and computer devices) not to mention the hours spent listening to and replying to appeals. I know for a fact that if any parking company could eliminate the role of patroller they would as it is not all ways cost effective and often in fact results in a deficit. Parking companies make most of their profit from monthly parking, people paying at the stations or attendants, and through maintenance contracts with the lot owners.
My car was never there. I can prove that. Yet they insist that I still owe the money. What authority does the person issuing the infraction have from a legal perspective? Are they authorized and licenced by the City of Toronto? I'm not trying to be a jerk. If I was in a paid parking lot I would have paid it; what's two or three bucks? It's peanuts. I'll be in court; hands down. Please explain who gave the person the authority to issue the ticket?
I just received a letter from a collection agency named "TACIT" acting on behalf Imperial Parking.... Can this influence my credit rating? The day I got ticketed my brother-In-Law( who is visiting from Europe) drove my car to Metro for grocery shopping...that is where and when the ticket was issued.
Athena Basta of Ottawa, Canada is a debt collector who masquerades as a fake lawyer to scare people into paying fake debts. Do not pay her. She is a scam artist.
Can someone answer this person...?
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