Legal Question in Securities Law in California

A mall security gave me a parking ticket citing I was using the lot to park my car in order to use the buses (which travels to the local university). I should note that I was wearing a backpack since it had my laptop in it and went through an entrance to the mall which is semi-blocked by the buses. When I had come back from the mall, I challenged her ticket showing her proof of purchase from the mall's Starbucks. Then she began to harass me by asking me questions accusingly: "So you were here just for Starbucks? Are you planning to take the bus afterward? So you aren't going to use this bus?"

Did she have the right to keep bothering me about the parking even though I proved myself as a customer and harass me? And even if I did use the bus after buying something at the mall, did she have the right to issue a ticket?


Asked on 1/03/11, 1:17 pm

2 Answers from Attorneys
Steven Simons Law Office of Steven A. Simons

Since the Mall is on private property it probably has its own rules and regulations regarding behavior on the property. In order to tow your car the Mall would be required to have signs posted displaying that terms under which it can have cars towed. Since you are in San Diego, you should check the San Diego city and county codes to see what the local rules are concernign towing vehicles from private proerty.

I would write a letter to the Mall managment company and explain exactly what you wrote here. Ask them if there is a limit on how long a customer can park at the Mall if they shop at Starbucks (Send a copy of the letter to the manager at Starbucks as well). Tell them that you are a regular customer at the Mall and thatyou do not appreciate being harrassed in this way. It sounds like the Mall is having a problem with students using the parking and is trying to crack down.

The othe rquestion is - what is the effect of the "Mall Cop" ticket? Surely it does not go on your driving record. Although it may be a precursor to towing your car if there are a certain number of tickets. You may want to ask that question in your letter to the managament company.

Good luck

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Answered on 1/09/11, 5:56 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

After looking into statutes and opinions of the California Attorney General covering "citizens' arrests," I think the following facts are true:

(1) A mall security person is not a peace officer, and although he/she may make a citizens' arrest, this does not include the right to issue a parking ticket.

(2) A citizen cannot make an arrest for parking "violations" on private property. Neither, for that matter, can a peace officer.

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Answered on 1/13/11, 7:04 pm


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