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  1. #1
    Join Date
    Nov 2011
    Posts
    1

    Default Permit Parking in Private Lot - Does the Permit Need to Be Displayed

    My question involves a traffic citation from the state of: WA

    My apartment building has an attached parking structure that is accessible only with a garage remote. Parking spaces are assigned and paid for monthly with rent. The building management office has information on the make/model/color of each car assigned to each spot. Parking permits are distributed. However, there is nothing in the lease stating that a permit must be visible when parking on the property. There is a sign at the entrance of the garage stating 'Permit Parking Only', but again, nothing explicily stating that a permit must be displayed in the vehicle. The building management evidently has some agreement with a third party parking company, allowing them to patrol the parking structure and to ticket/tow vehicles. Can this parking company legitimately demand money for a car that is parked in the correct assigned, paid spot on the sole premise that no permit is visible?

    The sign at the entrance reads:
    PERMIT PARKING ONLY
    UNAUTHORIZED OR IMPROPERLY
    PARKED VEHICLES WILL BE
    TICKETED AND IMPOUNDED AT
    VEHICLE OWNERS RISK AND
    EXPENSE 24 HOURS A DAY

    TERMS & CONDITIONS:
    CAREFULLY READ THESE TERMS PRIOR TO PARKING.
    BY PARKING IN THIS LOT, YOU ARE ENTERING INTO A CONTRACT WITH THE
    PARKING LOT OPERATOR.

    By parking your vehicle in this parking lot, you signify that (1) you accept and agree to all posted terms, conditions and requirements for parking, (2) you agree to pay all applicable fees, charges and penalties, including those listed below, and (3) you understand that this contract may affect your legal rights. Do not park your vehicle in this lot if you do not agree to these contract terms.

    All posted parking fees must be paid in advance. If you (1) fail to pay the posted parking fee in advance, (2) exceed the posted time limit for parking your vehicle, (3) improperly park your vehicle in any manner, or (4) are unauthorized to park your vehicle in this lot, you agree that the parking lot operator may issue a parking notice and impound your vehicle. You further agree that the parking lot operator may assess the Parking Penalty Fees listed below, and that if you fail to pay any assessed fee or charge within 14 days you will be required to pay an additional Late Payment Charge of $25.00. The parking lot operator reserves the right to refer unpaid accounts for collection.

    Parking Penalty Fees:
    No Advance Payment $40.00 (if paid within 14 days)
    Overtime (Exceeding Posted Time Limit) $40.00 (if paid within 14 days)
    Improper/Insufficient Payment $40.00 (if paid within 14 days)
    Improperly Parked Vehicle $40.00 (if paid within 14 days)
    Unauthorized Vehicle $40.00 (if paid within 14 days)
    Late Payment Charge $25.00 (if paid after 14 days)
    Total Charge: $65.00 (if paid after 14 days)

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Permit Parking in Private Lot - Does the Permit Need to Be Displayed

    You are free to take the issue to small claims court and argue that you should recover any fees or fines you paid because, although you knew you were in a "Permit Parking Only" and were given a permit to display in your car, you weren't expressly instructed to display the permit in your car. It should be a fun hearing for the spectators and you may well prevail. I certainly won't promise you that you'll prevail.

    If you want the issue clarified without all of the hassle of tickets, possible towing and court, you can ask the building management company if you have to display the permit, and make your contractual argument to them. I expect them to instruct you that you must display the permit, but you may get the satisfaction of their updating their policies to preempt this argument in the future.

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