Kokua Line: Customer disputes citation for taking up 2 parking spaces

Question: My elderly neighbor (in her 80s) was recently given what looks like a parking ticket while shopping at the City Square Shopping Center. She is distraught. The notice of violation says she parked in two stalls (outside the lines), but she doesn’t think she did. I am trying to help her resolve this because of her age and difficulty communicating in English. Does this company have the legal authority to assess fines for what it feels are parking violations? There are no regulatory statutes or rules referenced on the notice of violation. The notice of violation does not have any information on how a person can contest the “ticket.” There is no recourse for a “ticket” issued in error. The notice also threatens collection action and towing the owner’s vehicle from any parking lot operated by ProPark Inc. if the “ticket” is not paid. Is that legal when the “ticket” may not even be valid? How can I assist my neighbor with resolving this notice of violation? I am also wondering if the management of City Square is aware of how this is affecting their customers.

Answer: Yes, private companies such as ProPark Inc. can enforce rules on parking lots they are hired to manage, but the rules must be conspicuously disclosed and the fees reasonable, to avoid running afoul of consumer protection laws. “Just because something occurs on private property doesn’t mean that the owner or agent can charge a consumer whatever they want,” said Stephen Levins, executive director of the state Office of Consumer Protection (OCP).

These private citations are not linked to a governmental agency, as tickets issued by Honolulu police would be, but that doesn’t mean your neighbor should ignore the matter. She should contact ProPark (on Oahu, call 971-7755 or email operations@propark.org) to dispute a ticket she believes was issued in error.

Jeanne Posner, ProPark’s office manager on Oahu, said, “We are fair and try to educate people,” especially on a first offense. You told Kokua Line in a follow-up email that ProPark agreed to clear your neighbor’s ticket.

If that approach had failed, your neighbor could have sought help from OCP (587-4272 or 808ne.ws/ocp); outcomes depend on the facts of each case, including signage at the parking lot. The most recent complaints we found against this company were in 2014 and 2015; two lacked sufficient evidence, and one resulted in a civil outcome, according to the OCP website.

Your neighbor was cited for being “parked in two stalls” and “parked outside of a marked stall.” The fine rose with the passage of time, from $20 if payment was postmarked within seven days to $100 after 30 days. According to the notice, unpaid citations could be forwarded to a collection agency, and vehicles with “unpaid citations may be towed from any location managed by ProPark at any time, even if the vehicle is not in violation that day.”

ProPark doesn’t use a collection agency at the moment, but it does track violations and may tow as described, Posner said. The company manages more than 60 parking areas in Hawaii, according to its website.

Signs at City Square state a three-hour parking limit but not your neighbor’s specific violations, Posner said, because it’s “common courtesy” to occupy a single space.

The notice also said the violation occurred “by handicap stall,” meaning your neighbor might have blocked a wheelchair access lane.

Michael Kaya, City Square’s property manager, said ProPark has overseen parking at the Kalihi-­Kapalama complex for years, to few complaints. “The reason we have the parking monitored by ProPark is to ensure adequate parking for all customers,” he said.

Write to Kokua Line at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.