ParkChicago Class Action Says App Results in False Parking Tickets

The ParkChicago software application, which is advertised as providing a convenient way to pay for metered parking in Chicago using a mobile phone or web browser, fails to perform as advertised and results in false parking tickets and improper fees, a class action lawsuit alleges.

According to the ParkChicago class action lawsuit, the ParkChicago app allows users to pay for parking at metered spaces without having to purchase a voucher from a payment box located on the street. The ParkChicago app was reportedly released in 2014.

“The marketing asserts that ParkChicago benefits the user because the user’s phone number and license plate replace the pay box and dashboard receipt,” the ParkChicago class action lawsuit states. “The marketing for ParkChicago also represents that each time the application is used, enforcement personnel will determine if the user has paid by looking up the user’s license plate number and payment status.”

Plaintiff Edward Sanchez asserts that the ParkChicago app fails to perform as advertised. Even when users pay for parking sessions using the application, they have received parking tickets during the parking period they paid for, the ParkChicago class action lawsuit alleges. Sanchez says the defendants have been aware of the problems with the parking app but continue to market the ParkChicago app without disclosing its failure.

The defendants named in the ParkChicago class action lawsuit include Chicago Parking Meters LLC, Laz Parking Chicago LLC and the City of Chicago, Illinois.

Even though the ParkChicago app is free to download, users must provide financial information that allows Chicago Parking Meters and Laz to draw an initial $20 deposit from which to make parking payments. The app users must also agree that CPM and Laz will automatically withdraw money from the user’s designated payment source any time the account balance falls below $10.

“As a result, CPM and Laz have custody and control of users’ funds and are able to gain revenue through interest and investment gain from the use of the funds,” Sanchez argues in the Chicago parking app class action lawsuit. He says the defendants also charge a 35 cent “convenience” fee anytime a user pays for a parking session of less than two hours.

Sanchez claims he downloaded the ParkChicago app on his mobile phone in May 2015. According to the Chicago parking app class action lawsuit, on Nov. 8, 2016, he registered for a parking session but received a parking ticket even though his parking time had not expired. He says he has contested the violation and requested a hearing.

By filing the Chicago parking app class action lawsuit, Sanchez seeks to represent himself and a Class of consumers who registered for the ParkChicago application. He also seeks to represent subclasses of ParkChicago users who paid a fee for a parking period of less than two hours and those who received a parking ticket even though they had paid for the parking period through the ParkChicago app and their time had not yet expired.

The ParkChicago class action lawsuit asserts claims for violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, breach of implied warranty of fitness, unjust enrichment, breach of fiduciary duty, accounting, and injunctive relief.

Sanchez is represented by Phillip A. Bock and Jonathan B. Piper of Bock Hatch Lewis & Oppenheim LLC.

The ParkChicago Parking App Class Action Lawsuit is Edward Sanchez v. Chicago Parking Meters LLC, et al., Case No. 2017CH01351, in the Circuit Court of Cook County, Illinois, County Department, Chancery Division.