Lawyer takes Moncton booters to court
Shane Magee | CBC News | Posted: January 14, 2019 8:33 PM | Last Updated: January 15, 2019
No companies are permitted to use a boot to immobilize a vehicle in the city
A Moncton lawyer is going to court to recoup $180 he paid after his vehicle was improperly booted in the downtown last fall.
Last week, Darren Blois filed a small claims action against PSI Parking Solutions and its two listed directors. Blois is seeking more than $2,600, which includes the $180 he paid in cash to have the boot — an immobilization device — removed.
Blois said he parked on Downing Street last November in a space he believed was public parking. He initially didn't notice the boot and was preparing to drive away when someone knocked on his window. The person said the vehicle had been booted and demanded a payment.
Blois alleges he was told he had to pay with cash or the vehicle would be towed and an extra charge would be applied. He said he went to a bank and paid $180 in cash.
"It just seemed like a shake-down, really seedy and shady," Blois said.
He later found out about a bylaw passed by city council last year regulating booting. It capped the fee to release the boot at $45, which can be paid with cash, debit or credit card.
Parking Solutions has not returned calls from CBC News.
After he learned about the bylaw, Blois carried out a search of corporate records and wrote to the addresses listed for the two directors of Parking Solutions seeking a refund or threatening to sue. He said he did not receive a response.
Blois said the person who removed the boot did not identify himself or have a name tag. A handwritten receipt given to Blois is signed by Dale Dixon.
Corporate registry records show PSI Parking Solutions, a partnership between Greg Kennedy and Dale Dixon formed in 2008, was dissolved Oct. 24, 2018, weeks before the Nov. 15 receipt was issued to Blois.
The addresses listed on the corporate registry for Dixon and Kennedy are private homes in Dieppe and Fredericton. Property records indicate the homes are now owned by other people.
A call to a number on the receipt was not returned Monday.
City gathering evidence
Nick Robichaud, the general manager of legal and legislative services, said last week that since no companies have registered with the city, boots can't be applied in the municipality.
He said the city is gathering evidence of illegal booting to bring to court to stop the company from booting without a licence.
Robichaud said anyone booted should call the police before paying a release fee and notify the city. He said those seeking to recoup their payments would likely need to go to small claims court.
Blois called on the city to crack down on Parking Solutions.
"Frankly, what they're doing is theft," Blois said. "They're stealing your car for money, so police are going to have to get involved at some point."
Codiac Regional RCMP did not return a request for comment Monday.
John Wishart, CEO of the Greater Moncton Chamber of Commerce, said private lot owners have a right to protect their parking spaces but also welcomed the city's efforts to regulate booting.
He said the group representing businesses in the city encourages companies "that have a relationship with PSI to re-examine that" in light of the lack of a proper licence and fees above the bylaw limit.