A citizen who parked his car in Chula Vista received a Parking Citation and fine from Ace Parking. He disagreed with the citation and ultimately filed a complaint with the Better Business Bureau. Bellow is the exchange.
1) is the acknowledgment of the complaint by the BBB.
2) The City of Chula Vista’s reply
3) The reply to the City of Chula Vista’s position sent to the BBB.
1) This message is in regard to your complaint submitted on 12/28/2012.Your complaint against Ace Parking Management Inc. was assigned ID 9352119.
The business has sent the BBB a message regarding this complaint, and we are passing it on to you. The contents of this message are attached.
Sarah Goelz The Better Business Bureau
2) MESSAGE FROM BUSINESS:
California Vehicle Code section 40202(a) clearly states:
"NOTICE OF PARKING VIOLATION" - If a vehicle is unattended during the time of the violation , a peace officer or person authorized to enforce parking laws and regulations shall securely attach to the vehicle a notice of parking violation.
The property that you parked on is owned by the City of Chula Vista and is not private property. Ace Parking enforcement officers have been authorized by the City of Chula Vista to issue a notice of parking violation. Ace was hired by the City of Chula Vista in April 2010 to monitor and enforce, through citation writing, their specific Municipal Codes as it relates to paying to park on City streets and City parking facilities.
All payments are made to the City of Chula Vista. There are three methods of payments that violators can use to pay for a parking violation. In addition to coming in person to our office at 231 3rd Avenue,
Pay on-line at www.aceparking.com/chula-vista Mail the payment as directed on the ticket to Ace Parking-Chula Vista PO Box 6010 , InglewoodCA90312-6010 .
If you would like to appeal the citation we encourage you to pay the ticket in a timely manner before late penalties are assessed, If you believe you received this ticket in error, still pay the ticket to ensure you are not assessed penalties and file an appeal that will be reviewed. The instructions for filing an appeal can be found at on the back of your citation or by going to www.aceparking.com/chula-vista.
City of Chula Vista contact for additional questions:
Diem T. Do Senior Project Coordinator/Parking District Administrator City of Chula Vista 619.585.5731 Phone
3)Message toBetter Business Bureau:
I have reviewed the response made by the business in reference to complaint ID 9352119, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
In his response to my complaint to the Better Business Bureau, Mr. Diem T. Do, Parking District Administrator for the City of Chula Vista, insists that “Ace Parking enforcement officers have been authorized by the City of Chula Vista to issue a notice of parking violation.” Furthermore, he claims that this authorization is legal under California Vehicle Code section 40202(a), which states:
“If a vehicle is unattended during the time of the violation, a peace officer or person authorized to enforce parking laws and regulations shall securely attach to the vehicle a notice of parking violation.”
However, in a legal opinion published in December 22, 2011, Kamala D. Harris, Attorney General for the State of California, clearly states that Vehicle Code section 40202(a), cited by Mr. Diem T. Do, does not allow private companies to issue citations:
“Further, section 40202 provides only that a ‘peace officer’ or ‘person authorized to enforce parking laws and regulations’ may issue a citation for a parking violation. However, because the Vehicle Code does not specify who, other than a peace officer, may be ‘a person authorized to enforce parking laws and regulations,’ the question thus arises whether private property owners are among those persons who may be so authorized. We have previously concluded that a non-peace officer public employee may enforce parking regulations and issue parking citations. 19 Section 22507.9 also authorizes local authorities to establish a special unit dedicated to the enforcement of disabled parking laws. But the Vehicle Code does not expressly authorize anyone other than these public employees to issue citations” (see page 6 of the attached document).
According to this legal opinion, issued by the Attorney General, the City of Chula Vista cannot authorize private companies like Ace Parking to issue citations. Thus, if the City of Chula Vista has authorized Ace Parking to issue citations, then the City of Chula Vista is in violation of the California Vehicle Code.