Legal Question in Credit and Debt Law in California

On 5/20/11 I received a parking ticket in La Jolla, CA for accidentally parking for two hours in a one-hour spot. I paid the ticket on time but the city claimed they received the payment one day late and assessed me a $50 late fee. I called the number on the notice and was told because I did not get a receipt indicating the mail date, I would remain responsible for paying the late fee. I asked the representative how long I had to pay the fee and she told me 30 days. The notice date was 7/26/11 and I paid the late fee online via the City's website on 8/19/11. The City's website indicated to owed $50 and I paid this fee as well as a $3 processing fee. I then received a letter dated 8/22/11 indicating I owed a collections fee. I sent a letter to the city showing how I paid in pull the amount owed and that I made the payment three days before they issued their notice to me. On 9/12/11 I received a response letter from the city saying the $50 late fee went into collection on 8/17/11, which was two days before I made the payment so the collection fees are still owed. I would like to know what I can do to fight this. I have a receipt showing I paid the late fee in full on 8/19/11 and their collections letter dated three days afterward. I have nothing indicated I was put into collections on 8/17/11.


Asked on 9/12/11, 6:40 pm

1 Answer from Attorneys
Asaph Abrams Law Office of Asaph Abrams

I side with you: La Jolla has a history of intolerance (from erstwhile racial covenants to supercilious sports parents to threatened displacement of innocently sunbathing seals to aggressive parking assessments of lifeblood tourists), so don't take it personally. It certainly does not sound like a fair series of events, but it's common that parking fees are unfairly duplicative and many-layered. Ultimately it's a judgment call whether to pursue--at cost of time, money, and effort-- normal appeal channels (which should be apparent on the notices or available from the City itself) or compromise knowing that time is money and the issue does not merit retaining legal counsel. I make federal cases all the time, but I deal with big bucks for the clients; hence the adage not to readily make a federal case out of something if you needn't. Anyway, just one guy's opinion.

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Answered on 9/13/11, 9:56 am


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