A BC man says he was cheated after receiving a ticket while parking in an open spot.
“It makes me feel like I’ve been scammed. Like they cheated on me. If it’s not free parking, say it’s not free parking,” Dan McGillivray told Consumer Matters.
McGillivray says he was a Vancity customer along Whiting Way in Coquitlam for the past few years and parked his car underground for free.
Parking signs state that customers can park for free for up to 90 minutes. However, in early September, McGillivray was issued a parking fine by Diamond Parking of $86.50 for not having a valid permit.
“It says free parking for 90 minutes and I do my banking and every time I just park and get out,” McGillivray said.
Recently, parking switched to an app-based system where users have to register their vehicle via a QR code to get free parking.
However, McGillivray says he was not aware of the new rules and does not own a cell phone. “I can’t park underground here anymore unless I have a cell phone,” he said.
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McGillivray wasn’t the only customer unaware of the new rules.
“I don’t think it’s right. It’s a money grab, I think,” said Gordon Finlayson.
Vancouver-based lawyer Kyla Lee says the fact that the free 90-minute parking signs were still up when McGillivray bought his ticket is misleading.
“If the signage in the car park states that there is free parking in that particular stall and this is not removed when the policy changes, potentially affecting the parking contract to the extent that a person has been misled by unclear terms or a change in conditions they did not know,” Lee said.
As for whether or not to pay the parking fine, Lee says there is always some risk.
“If you don’t pay the ticket you always run the risk of being sued in the small claims court or the civil dispute tribunal. You run the risk that this will be reported during collections and that this may have consequences for your creditworthiness, but that risk is very minimal. Again, it was advertised as a free service and you should not be forced to pay for a free service.”
Vancity told Consumer Matters that the parking lot is owned and operated by developer the Onni Group, which uses Diamond Parking for ticketing and enforcement, stating in part: “In July, Onni introduced an app-based parking system that applies to all users, including Vancity members and staff.”
Adding: “It is important to note that the parking facility and its operations are outside of Vancity’s control, but we have contacted Onni to explore alternative solutions for members who may experience difficulties using the app or QR code system.”
Consumer Matters contacted Diamond Parking on behalf of McGillivray. The company did not respond, but did contact McGillivray and canceled his ticket.
“I’m glad I contacted you. I appreciate your help,” McGillivray said.
Onni Group did not respond to Consumer Matters’ request for more information.
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