Tuesday, February 9, 2010

Driver alleges assault by Winnipeg Parking Authority official - Today at 4 PM

The mainstream media in Winnipeg has uttered not a word about the bullying tactics of the city's parking mandarins. Recent developments will make it more difficult for them to ignore what is shaping up to be a serious issue in the civic election.

New abuses against the public have come to the attention of The Great Canadian Talk Show on 92.9 Kick-FM, including improper parking ban tickets, illegally towing cars, allegations of intimidation and now, of assault.
* Last summer, the Winnipeg Parking Authority, a special operating agency (SOA) that is at arms-length from council, embarked on the arbitrary placement of pay stations (the modern day equivalent of meters) in core-area neighborhoods without any consultation.

The residents and businesses of streets such as Alexander, Ross, Pacific, Elgin, Hargrave, McDermot and Bannatyne near Red River College, and on streets within about 4 blocks of the Health Sciences Centre, saw the unwelcome imposition of paid parking on their streets without any warning or discussion. Near HSC, the rates were DOUBLE the regular rate.
On most of the streets, the signage was not updated to display the pay station icon. The city 311 service, and city police, advised motorists that the street signage was paramount, which meant if the sign said 1 or 2 hour parking without the icon, you were not required to pay. That did not stop the WPA patrols from ticketing vehicles, almost all of which were paid, as the prospect of taking about a full day time off work to register the complaint and go to court to fight the illegality did not seem worthwhile to drivers.
The WPA pocketed illegal ticket revenue all summer long -- yet the city councillors did nothing to stop it or correct it.
* This fall, on the 300 block of Ross, one of the poorest streets in the city, the paystations were programmed to demand payment 24 hours a day. This was the only street in the city with this rule. Councillor Jeff Browaty of North Kildonan told us the city had no authority to charge for on-street parking after 5.30 PM and confronted the WPA.
They offered Browaty the lame excuse it was some sort of error- which would be believable if not for the fact Browaty saw for himself the stickers instructing parkers of the 24 hour a day requirement. Was it a mistake the stickers were attached to the pay stations, let alone printed in the first place? Of course not.
* Despite knowing of the previous signage controversy, the same tactics were used by the WPA in December on the residential streets of downtown on south Broadway near the Legislature. Pay stations were installed with no updated signage as required, and no consultation with the neighborhood or businesses. Area councillor Jenny Gerbasi told TGCTS that she insisted the WPA go "door to door" to advise residents of the change and that they were eligible for a $25.00 per year parking pass.
We have learned the WPA did no such thing. Rather than speak directly to the thousands of apartment dwellers on Carlton, Edmonton, and Hargrave, a WPA official dropped off a single copy of a notice at each apartment building in the hopes the caretakers would pin them up on the bulletin board - if the building even had one.
* In late January, the city rolled out a new online program designed to let residents know when snow plowing operations were scheduled for their street, to avoid being ticketed and/or towed under the overnight parking ban.
As TGCTS has confirmed, tickets were illegally handed out during the January snow cleaning operations in Norwood Flats, when the city crews cleared streets near Nelson MacIntyre Collegiate that were not on the "ALERT" list. A city official advised however that the city, whose website assured residents it was safe to park in front of their homes, can only "ask" the WPA to cancel the tags, as they are an SOA.
And as for residents of St. Boniface who paid the tags, it appears the WPA has no mechanism to refund their payment.

Again, the WPA has collected money from illegal tickets in what amounts to an extortion racket, and councillors claim they are powerless to defend the voters from this banditry.
* A ticket was taken to court and the charge stayed for being unfairly laid; in the interim - BEFORE THE APPEAL PERIOD OF THE TICKET HAD EVEN EXPIRED -, the WPA had placed a lien against the vehicle.

When the owner pointed out the basis for the lien (the ticket) had been withdrawn, the WPA arrogantly told the man to pay up, or else they would seize his car.

Phillip Fletcher told TGCTS yesterday, he is planning to sue the city (since the WPA cannot be sued) for malicious prosecution, and for the cost of paying the lien.
In December, Fletcher was threatened by a patrol officer (claiming to be a peace officer) he had photographed illegally parking in front of a fire hydrant; he complained and was told to file a Freedom of Information request to find out how the matter was investigated.

The WPA leaked details of the lien to his councillor, Mike Pagtakhan, even though the councillor was unaware of that dispute and hadn't asked the WPA about it when following up on the intimidation complaint. Fletcher said it was done to make him look like he was a welcher and to discredit him to Pagtakhan.

Fletcher has not only laid a complaint with the province about his privacy being breached, he has also written to Attorney-general Andrew Swan asking for proof the WPA's hired ticketers are indeed sworn peace officers; he told us a WPA executive admitted to him they were not.

That would mean every ticket issued since November 16, 2008 by G4S employees under contract to the WPA was not legal.
* As you will hear today at 4 PM, another listener has an even more serious case pending.

The mans' vehicle was tagged and towed even though it was legally parked and properly insured; the police told him the WPA had no legal right to tow his vehicle for lacking the registration sticker on the rear licence plate.
When he went to their offices in August, he claims a WPA official sneered "we don't care what the police say" and told him to pay up.

When the official refused to produce ID, the man took a picture of the official (who we have now identified) so he could report his comment to authorities.

The listener says he was jumped and manhandled by that official until another WPA employee intervened.

He told us:
"A month later (only after the police have brought my name to their attention) I receive a letter from the WPA saying they had randomly reviewed my ticket and that I was eligible for a refund on the tow and that they were going to quash the ticket. But that I had to go apply for the refund.

WHAT ABOUT THE 2 DAYS OF WORK I LOST, THE CAB FARES, THE ANXIETY.....THE LIST GOES ON. I've contacted the WPA authority and said I was willing to settle for $500.00 to compensate me for lost work, money out of pocket, etc.. They say I'll have to sue them to get it."
* The notion anyone has to sue the city for being illegally ticketed, towed, or confronted for complaining, is a reflection of the failure of the Parking Authority system.

* Winnipeg's elected officials are responsible
for the abuses committed under COO Dave Hill's watch and the pressure is on to reign in the new Sherriff of Nottingham.

* The Winnipeg Parking Authority is out of control, extracting money from drivers with false tickets and a runaround process to appeal; bullying neighborhoods, businesses and drivers; and act like they are above the police and city council. ( Will the proposed Water Utility be like this?)

* Mayor Katz and the councillors can no longer accept Hill's excuses. They have given him unprecedented power with no accountability to the residents of this city; the public cannot vote Dave Hill out of office, but Katz and the councillors face the voters in October.