Press Release
FOR IMMEDIATE RELEASE
Date: 12/21/07

Contact person(s):

Media Coordinator, Donna Edwards - (707) 565-3099 Media Spokesperson, Assistant District Attorney Christine Cook

Santa Rosa, Sonoma County, California

$100,000 IN PENALTIES AND REFUNDS FOR CONSUMERS IN CONSUMER PROTECTION PARKING ENFORCEMENT CASE

Sonoma County District Attorney Stephan R. Passalacqua announced that his office, in conjunction with the District Attorney of Marin County, reached a settlement this week in a consumer protection case filed against Parking Control Service, Inc. (hereafter "PCS"). PCS is a private parking monitoring and enforcement company that contracts with businesses to operate parking lots in Sonoma, Marin, Alameda, San Francisco, and San Mateo Counties. The stipulated judgment, which was approved by the Marin County Superior Court on December 12, 2007, addresses consumer complaints regarding PCS’ use of deceptive parking charge notices and unlawful collection methods.

District Attorney Passalacqua said, "We are committed to working together with law enforcement offices throughout the state to protect consumers from deceptive business practices such as these."

The Complaint alleges that from 2003 through 2007, PCS operated non-fee parking lots held open to the public, such as at shopping centers, in the Bay Area. PCS employees monitoring the lots left written notices resembling government-issued parking tickets on vehicles for allegedly violating posted parking rules or the California Vehicle Code. The notices indicated the consumer was being charged what appeared to be a fine for the alleged violation, and threatened to have the consumer's vehicle towed or immobilized if the fees were not paid.

Pursuant to the stipulated judgment, PCS paid $100,000 in civil penalties and $30,000 in investigative costs. PCS also must make conspicuous disclosures on any future parking notices stating that it is not a government agency and the notice is not a government-issued parking citation. Moreover, PCS is prohibited from threatening to tow or immobilize vehicles for non-payment of parking fees unless expressly authorized by California law.

PCS also agreed to pay refunds to consumers who paid a parking fee from March 27, 2003, to December 12, 2007. To receive a refund, eligible consumers must submit a claim by sending proof of payment to Parking Control Service Settlement Refund, P.O. Box 231, South San Francisco, CA 94083. Consumers who no longer have proof of payment to PCS, may call PCS toll-free at 1-877-563-9444 and provide the license number of the vehicle that received the fee notice. After PCS verifies a payment made corresponding to that license number, the consumer must send PCS a copy of documentation verifying ownership or financial interest in the vehicle at the time of the charge. The consumer is not required to currently own or have a financial interest in the vehicle. The last day to submit a claim is May 10, 2008, and claims must be paid within thirty (30) days of submission of the claim. All complaints or problems regarding the claim process should be brought to the attention of the Sonoma County District Attorney’s Office at (707) 565-3161 or the Marin County District Attorney’s Office by email at consumer@co.marin.ca.us.

Deputy District Attorney Matt Cheever handled the matter for this office.

Sonoma County consumers who believe they are the victim of fraud are urged to call the Environmental and Consumer Law Division of the Sonoma County District Attorney’s Office at (707) 565-2311 to file a complaint.