Can Sudbury give parking lot boots the boot?

Morning North7:59Sudbury lawyer says car booting should be outlawed

Have you ever been car booted? It's a common practice in Sudbury used to discourage people from parking illegally on private lots. We spoke to Sudbury lawyer Trent Falldien about why he thinks the practice is illegal.​

Sudbury city council could soon be wrestling with the legalities of car booting.

Booting involves putting a wheel clamp on a vehicle so it can't move.

It's a common practice among private property owners, especially in the downtown area.

Though frustrating to some, car booting is legal. Sudbury doesn't have any bylaws governing restraining and immobilizing cars.

However Sudbury lawyer Glenn Sandberg says city council could enact legislation to outlaw it.

“The section in the act says they can do it. And, if the incoming council decides that warrants their attention — and they want to take action either way to prohibit or specifically allow it — they'll vote on it, they'll debate it, and they'll either pass it or they won't.”

But Coun.Terry Kett said he's looked into whether car booting can be made illegal.

"It seems that municipalities don't have the jurisdiction to stop this."

Drivers who find themselves booted, must pay to have the device removed. That fee can top $100.

"They charged me $120 dollars to sit for 20 minutes, half an hour in their parking lot,” said Doris Bayer, who left her vehicle in a downtown Sudbury parking lot, while attending an event nearby.

“I was upset. I didn't see it coming at all, or I would've parked across the road."

Another Sudbury lawyer, Trent Falldien, said he believes the province should get involved.

"The private sector is basically acting as a judge, jury and enforcer. And that's not how things should be handled."

Falldien said he's waiting to see if the new city council will take on the issue.