DRIVERS are a step closer to claiming cash from an $800,000 pot over wrongful parking tickets as a judge has approved payments.
U.S. District Court Judge Cynthia M. Rufe, of the Eastern District of Pennsylvania, granted preliminary approval for the major class action settlement.
GettyApproximately 18,000 parking tickets were affected[/caption]
It’s aimed at resolving claims related to parking tickets issued in Upper Darby Township between 2021 and 2022.
The decision, reached on December 2, was judged as being a “fair, reasonable, and adequate resolution” of the claims.
Mary G. Candido of Clifton Heights, Pennsylvania, brought the initial lawsuit, from which the proposed settlement stems from, in April last year.
It was filed after it was revealed that approximately 18,000 parking tickets were never sent to the Administrative Office of Pennsylvania Courts between April 2021 and 2023.
Mary had claimed that possibly thousands of people who received parking tickets during this period weren’t notified on how to pay or contest them.
She added that this left them in legal limbo and in fear of prosecution while fees continued to rise.
The complaint said: “Due to these uncertainties and risks, numerous individuals simply plead guilty and pay the parking tickets, even if they believe they have good grounds to contest them, because they are never afforded any notice or opportunity to contest the tickets in court.”
In one example, a barber shop owner reportedly had his car towed due to violations he never received summons or hearing dates for, but that he “absolutely” wanted to contest.
This debacle later resulted in Upper Darby hiring Brinker Stinson acting Director of Finance Donna Stilwell to audit the ticket issue.
That then led to the unrelated arrest of former township Councilwoman and then-parking enforcement Director Sekela Coles in July 2023 for creating an alleged “slush fund” with the money collected from local parking kiosks.
Coles later resigned as Upper Darby’s parking enforcement director after she was charged with diverting coinage from kiosks into the so-called slush fund.
Stilwell also found multiple oversights and IT issues from the parking enforcement office – which affected the issue around parking tickets.
Later, officials valued the missing tickets at approximately $1.5 million in lost revenue.
As part of the ruling, Upper Darby would also have to cancel all remaining unpaid tickets for the class period and return or credit payments made on at-issue parking tickets after the execution date of the settlement.
The proposal also sets out a schedule to hit various milestones in approving the terms – this includes notifying members, applying for fees, and similar actions.
The settlement is set to have its final approval in federal court on May 19, 2025.
How to fight a parking ticket
You can avoid being ticketed by following all posted laws and ordinances, but sometimes mistakes are made
Like any form of citation, parking tickets are preventable by reading and obeying posted signage. However, when visiting a new city, or state, or in a hurry, things can be missed and mistakes are made.
Suddenly there’s a ticket you weren’t prepared to pay for. If the ticket is a surprise to you, there are a few things you can do to help your case when appealing a parking ticket.
Carefully read the ticket. Look for errors like incorrect street names, license plate numbers, vehicle make and model, time and date, etc. Errors would then make the ticket invalid.
Take photos. Of the vehicle in the parking space, lack of signage, or other vehicles that weren’t cited for performing the same parking job. If the ticket involves parking too close to something like a fire hydrant, a photo showing a reasonable distance would help your case. Make sure metadata with the time and date are accessible. Signs that are obstructed by trees, or are on bent posts, or aren’t “obvious” are great things to photograph, too.
Make sure the statute that was violated is listed on the ticket. If not listed, the ticket is not valid.
Promptly follow the appeal instructions on the ticket. All legitimate tickets will have directions for appeal. Waiting until the very last moment weakens your argument and can result in late fees.
When in court, avoid these phrases as they reduce your credibility and weaken your argument:
“I didn’t know the law.”
“I was on my way to move my car.”
“I can’t afford this ticket.”
“I’ve been doing this for years.”
“I checked with the parking officer, who said it was OK.”
Contact a lawyer. If you’re running into roadblocks and feel stuck, it may be best to reach out to a traffic lawyer in your area. Many have free case consultations.
Source: Reader’s Digest
Claimants who are eligible would get a percentage of the paid tickets back after a range of fees.
These include notice and administration costs, attorney fees, and expenses.
Candido herself would receive a $5,000 service award.
A number of internal control policies and mechanisms have been put in place by the Parking Department upon the recommendation of Mayor Brown.
This has included making the department a division of the Upper Darby Police, which now handles all Township parking service matters.
GettyThe settlement is set to have its final approval in federal court on May 19 next year[/caption]
https://www.the-sun.com/motors/13034786/drivers-cash-pot-wrongful-parking-tickets-judge-payments/