A B.C. man says he’s been cheated after receiving a ticket while parking in a free spot.
“It makes me feel like I got scammed. Like they cheated me. If it’s not free parking say it’s not free parking,” Dan McGillivray told Consumer Matters.
For the last several years, McGillivray says he’s been a customer at Vancity along Whiting Way in Coquitlam parking his vehicle free of charge underground.
Parking lot signage states customers can park for free for up to a maximum of 90 minutes. However, at the beginning of September, McGillivray received a parking fine from Diamond Parking for $86.50 for not having a valid permit.
“It says 90 minutes free parking and I do my banking and every time I just come in park and get out,” said McGillivray.
Recently, parking has switched to an app-based system where users must register their vehicle via a QR code to receive free parking.
However, McGillivray says he was unaware of the new rules and he doesn’t own a cell phone. “I can’t park here underground anymore unless I get 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 is what I think it is,” Gordon Finlayson said.
Vancouver-based lawyer Kyla Lee says the fact the 90-minute free parking signs were still up when McGillivray purchased his ticket is misleading.
“When the signage within the parkade says that there is free parking in that specific stall and there is not a removal of that when the policy changes that could potentially vitiate the parking contract to the extent that a person has been mislead by unclear terms or a change in the terms that they didn’t know,” said Lee.
As for whether or not you should pay the parking fine, Lee says there is always some risk.
“If you don’t pay the ticket, you are always taking a risk that you could either be sued in small claims court or the civil resolution tribunal. You’re taking a risk that it’s reported to collections and potentially some how ends up affecting your credit, 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 the parking lot is owned and operated by developer the Onni Group which uses Diamond Parking for ticketing and enforcement and stated in part, “In July, Onni introduced an app-based parking system that applies to all users, including Vancity members and staff.”
Adding: “It’s 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 face challenges using the app or QR code system.”
Consumer Matters reached out to Diamond Parking on McGillivray’s behalf. The company did not respond but did contact McGillivray and cancelled his ticket.
“I’m glad I contacted you. Appreciate your help,” McGillivray said.
Onni Group did not respond to Consumer Matters’s request for more information.
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