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  1. #1
    Join Date
    Apr 2012
    Posts
    2

    Default Threat to Report Red Light Camera Fine to a Credit Reporting Agency

    My question involves civil rights in the State of: Texas

    Not sure if this is the right forum but here it goes... Recently recieved a letter from the City of Houston over a red light camera violation that was commited by a vehicle I used to own prior to the violation.
    The letter states if I do not send them their violation money they intend to disclose to one or more credit bureaus that I am delinquent in payments, The Texas Transportation Code states very clearly in Chapter 707 that this cannot be done "(h) A local authority or the person with which the local authority contracts for the administration and enforcement of a photographic traffic signal enforcement system may not provide information about a civil penalty imposed under this chapter to a credit bureau, as defined by Section 392.001, Finance Code. Now in the same letter from Houston it States that pursuant to Texas Transportation Code Chapter 707 that since I did not respond in the correct amount of time from the first letter that I admit liability and waived my right to an appeal. Seems to me they should not be able to pick and choose regulations.
    Can they do this and is there an intity in Texas that enforces these rules, I also have proof that I did not even own the vehicle at the time, with proof of insurance Cancellation of 2 months prior to the violation plus a bill of sale from the individual that purchased the vehicle also 2 months prior, They also threaten me with a lawsuit and they will seek court cost when they win.... All they have is a photo of a car with my old license plate number on it.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,912

    Default Re: Threat to Report Red Light Camera Fine to a Credit Reporting Agency

    Try complaining to your elected representatives.

    If you sold the car and we're talking about a red light camera, how is it that the vehicle still had your plates attached two months after the sale?
    Quote Quoting What steps should I take when I sell my vehicle?
    Keep your license plates and transfer them to your new vehicle.

    When you keep your license plates, the buyer has to transfer the vehicle title and this helps to protect you.

    When you take off the plates, the buyer will need a Vehicle Transit Permit to drive the vehicle to the county tax office to re-title the car or truck.
    Provide the buyer with all the documents needed to transfer the title:

    • A signed title
    • A signed vehicle title application
    • The vehicle's latest registration receipt
    • Any other supporting documents, such as a release of lien, power of attorney, etc. Then, accompany the buyer to the county tax office to verify the buyer files a new vehicle title application under his/her name. If you sell or trade in your vehicle to a dealer, or if the buyer can't go to the tax office, you need to notify us of the sale by filing a vehicle vehicle transfer notification within 30 days of selling the vehicle.

  3. #3
    Join Date
    Apr 2012
    Posts
    2

    Default Re: Threat to Report Red Light Camera Fine to a Credit Reporting Agency

    Update... First let me say that you are correct Mr. Knowitall and I have learned a lesson and have shared that lesson with others, Never leave the plates on your vehicle when the new owner leaves with the vehicle, No matter how trustworthy he seem's. The new owner can drive the vehicle and get insurance on the vehicle until the current plates expire, then go do the title transfer at the courthouse with only the title you signed and let him leave with, You can go to the DMV website a register that you no longer own that vehicle, which I did do, But the city/camera company refused to use that evidence and wanted their money.

    Now back to my issue, I had sent emails to the Attorney and The Mayor of Houston, Since both of their names were on the letter I had recieved, Today I recieved an apology email from the Mayors assistant stating that I along with others should have never recieved this letter and can be expecting a formal apology from the city attorney.
    It's not that I cannot afford to pay this citiation, Facts are that I did not violate the law in anyway and with due process could easily prove it, Fact is I was at work 100 miles away when this car took an illegal right on red.
    I dislike the fact that they can penalize someone for breaking the law when the only proof is a picture of a license plate. Is there any legal recourse at all for the deceptive pratice of the City.

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: Threat to Report Red Light Camera Fine to a Credit Reporting Agency

    Quote Quoting Kingfisher
    View Post
    It's not that I cannot afford to pay this citiation, Facts are that I did not violate the law in anyway and with due process could easily prove it...
    Actually, you kind of sort of did violate the law... You failed to transfer title of a certain vehicle from your name to someone else's name.

    Quote Quoting Kingfisher
    View Post
    Fact is I was at work 100 miles away when this car took an illegal right on red.
    That is not the point though... the point is, the law was written in a way to subject the registered owner for the ultimate responsibility if/when a violation is committed in his/her vehicle. Let us say that (fictional characters) Jim borrowed Paul's van, Paul was involved in an accident, which, as it turns out he was at fault. The other party involved in the accident can now sue Paul simply because he was the driver, but they can also sue you simply because it was your vehicle that was driven in a manner that resulted in the accident.

    TEX TN. CODE ANN. § 707.011 : Texas Statutes - Section 707.011: NOTICE OF VIOLATION; CONTENTS

    (a) The imposition of a civil penalty under this chapter is initiated by the mailing of a notice of violation to the owner of the motor vehicle against whom the local authority seeks to impose the civil penalty.

    (b) Not later than the 30th day after the date the violation is alleged to have occurred, the designated department, agency, or office of the local authority or the entity with which the local authority contracts under Section 707.003(a)(1) shall mail the notice of violation to the owner at:

    (1) the owner's address as shown on the registration records of the Texas Department of Transportation; or

    (2) if the vehicle is registered in another state or country, the owner's address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Texas Department of Transportation.

    (c) The notice of violation must contain:

    (1) a description of the violation alleged;

    (2) the location of the intersection where the violation occurred;

    (3) the date and time of the violation;

    (4) the name and address of the owner of the vehicle involved in the violation;

    (5) the registration number displayed on the license plate of the vehicle involved in the violation;

    (6) a copy of a recorded image of the violation limited solely to a depiction of the area of the registration number displayed on the license plate of the vehicle involved in the violation;

    (7) the amount of the civil penalty for which the owner is liable;

    (8) the number of days the person has in which to pay or contest the imposition of the civil penalty and a statement that the person incurs a late payment penalty if the civil penalty is not paid or imposition of the penalty is not contested within that period;

    (9) a statement that the owner of the vehicle in the notice of violation may elect to pay the civil penalty by mail sent to a specified address instead of appearing at the time and place of the administrative adjudication hearing; and

    (10) information that informs the owner of the vehicle named in the notice of violation:

    (A) of the owner's right to contest the imposition of the civil penalty against the person in an administrative adjudication hearing;

    (B) that imposition of the civil penalty may be contested by submitting a written request for an administrative adjudication hearing before the expiration of the period specified under Subdivision (8); and

    (C) that failure to pay the civil penalty or to contest liability for the penalty in a timely manner is an admission of liability and a waiver of the owner's right to appeal the imposition of the civil penalty.

    (d) A notice of violation is presumed to have been received on the fifth day after the date the notice is mailed.
    Added by Acts 2007, 80th Leg., R.S., Ch. <a target="new" href="http://www.legis.state.tx.us/tlodocs/80R/billtext/html/SB01119F.HTM">1149</a>, Sec. 1, eff. September 1, 2007.


    Fact is, they need not prove that you were driving.... Only requirement for them is that the vehicle was registered in your name... That, simply makes you -at least- partially responsible since you (still) "own the vehicle"... So they charge you with it.

    TEX TN. CODE ANN. § 707.013 : Texas Statutes - Section 707.013: PRESUMPTION

    (a) It is presumed that the owner of the motor vehicle committed the violation alleged in the notice of violation mailed to the person if the motor vehicle depicted in a photograph or digital image taken by a photographic traffic signal enforcement system belongs to the owner of the motor vehicle.

    (b) If, at the time of the violation alleged in the notice of violation, the motor vehicle depicted in a photograph or digital image taken by a photographic traffic signal enforcement system was owned by a person in the business of selling, renting, or leasing motor vehicles or by a person who was not the person named in the notice of violation, the presumption under Subsection (a) is rebutted on the presentation of evidence establishing that the vehicle was at that time:

    (1) being test driven by another person;

    (2) being rented or leased by the vehicle's owner to another person; or

    (3) owned by a person who was not the person named in the notice of violation.

    (c) Notwithstanding Section 707.014, the presentation of evidence under Subsection (b) by a person who is in the business of selling, renting, or leasing motor vehicles or did not own the vehicle at the time of the violation must be made by affidavit, through testimony at the administrative adjudication hearing under Section 707.014, or by a written declaration under penalty of perjury. The affidavit or written declaration may be submitted by mail to the local authority or the entity with which the local authority contracts under Section 707.003(a)(1).

    (d) If the presumption established by Subsection (a) is rebutted under Subsection (b), a civil penalty may not be imposed on the owner of the vehicle or the person named in the notice of violation, as applicable.

    (e) If, at the time of the violation alleged in the notice of violation, the motor vehicle depicted in the photograph or digital image taken by the photographic traffic signal enforcement system was owned by a person in the business of renting or leasing motor vehicles and the vehicle was being rented or leased to an individual, the owner of the motor vehicle shall provide to the local authority or the entity with which the local authority contracts under Section 707.003(a)(1) the name and address of the individual who was renting or leasing the motor vehicle depicted in the photograph or digital image and a statement of the period during which that individual was renting or leasing the vehicle. The owner shall provide the information required by this subsection not later than the 30th day after the date the notice of violation is received. If the owner provides the required information, it is presumed that the individual renting or leasing the motor vehicle committed the violation alleged in the notice of violation and the local authority or contractor may send a notice of violation to that individual at the address provided by the owner of the motor vehicle.
    Added by Acts 2007, 80th Leg., R.S., Ch. <a target="new" href="http://www.legis.state.tx.us/tlodocs/80R/billtext/html/SB01119F.HTM">1149</a>, Sec. 1, eff. September 1, 2007.

    Quote Quoting Kingfisher
    View Post
    It's not that I cannot afford to pay this citiation, Facts are that I did not violate the law in anyway and with due process could easily prove it, Fact is I was at work 100 miles away when this car took an illegal right on red.
    I dislike the fact that they can penalize someone for breaking the law when the only proof is a picture of a license plate. Is there any legal recourse at all for the deceptive pratice of the City.

    Quote Quoting Kingfisher
    View Post
    It's not that I cannot afford to pay this citiation, Facts are that I did not violate the law in anyway and with due process could easily prove it, Fact is I was at work 100 miles away when this car took an illegal right on red.
    I dislike the fact that they can penalize someone for breaking the law when the only proof is a picture of a license plate. Is there any legal recourse at all for the deceptive pratice of the City.

    Quote Quoting Kingfisher
    View Post
    I dislike the fact that they can penalize someone for breaking the law when the only proof is a picture of a license plate. Is there any legal recourse at all for the deceptive pratice of the City.
    It really isn't deceptive practice, and to avoid being penalized for someone else's violation, reread Mr.Knowitall's post.

    The city is enforcing the Texas statutes as enacted by the State legislature.. What sort of legal actin do you think is available?

    What you can do though is to contact your state legislature and let them know the law him and his buddies are deceiving the public and breaking the law!

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