Sarah Mirando  |  November 29, 2013

Category: Legal News

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Class Action Lawsuit Says MTA Parking Tickets Violate Civil Rights

By Anne Bucher

 

NY Metropolitan Transit Authority parking ticket class action lawsuitA putative class action lawsuit accuses a contractor hired by New York’s Metropolitan Transit Authority (MTA) to manage some city parking lots of issuing tickets without providing a way to contest the fines, resulting in unjust enrichment and a violation of due process.

According to the class action lawsuit, LAZ Parking LLC routinely issued parking tickets without providing an option to request a hearing or plead not guilty to the alleged violation. LAZ manages 34 parking facilities for the MTA’s commuter rail line. Plaintiff Maryann Bellinson says LAZ acted “under the color of law while engaged in conduct that constituted a custom, usage, practice, or procedure of the MTA.” Further, she alleges the MTA “tacitly accepted” LAZ’s ticketing practices.


Bellinson says she was issued a parking notice on or about June 15, 2011 for “parking in a permit space without a permit.” The fine was $35, or $45 if paid after 14 days. According to the class action lawsuit, the parking notice failed to provide an option to either plead not guilty or request a hearing for the parking notice. Two days later, she sent a letter to LAZ to indicate her not guilty plea and request a hearing. Bellinson did not immediately receive a response from LAZ and a hearing was never scheduled.

Bellinson says that the only response she received from LAZ was in the form of a collection notice. “Under threat of collection proceedings, plaintiff paid money, under protest, to defendants to satisfy the violation/ticket/summons,” the class action lawsuit says. Bellinson claims LAZ, as an agent of the MTA, deprived her of her constitutional right to due process.

According to the class action lawsuit, the MTA “inadequately and improperly” investigated complaints and supervised the actions of LAZ and its employees. Further, there allegedly “existed a tacit understanding that LAZ would not be properly monitored by any supervisory authority and that constitutional misconduct would be overlooked.”

“The activity of MTA’s agents and LAZ’s employees and agents demonstrates a lack of care in hiring, anticipating acts, training, and supervision in light of a callous disregard for citizens’ rights,” the class action lawsuit says. “As a result, Plaintiffs suffered a deprivation of their civil rights and property, and emotional injury.”

By filing the class action lawsuit, Bellinson seeks to establish a class of consumers who have received “parking violations,” “parking summons” or “parking tickets” from LAZ, and who have paid LAZ money “without being afforded any opportunity to contest the alleged charges” during the period that will be established after considering the applicable statute of limitations.

The class action lawsuit includes claims of unjust enrichment, negligent hiring and supervision of employees, deprivation of liberty and property, and failure to protect civil rights under the Fourth and Fourteenth Amendments. Bellinson is seeking compensatory and punitive damages as well as attorneys’ fees.

Bellinson is represented by Robert J. Bellinson of Bellinson Law LLC.

The MTA Parking Ticket Class Action Lawsuit is Maryann Bellinson v. Metropolitan Transportation Authority, et al., Case No. 7:13-cv-08457, in the U.S. District Court for the Southern District of New York.

 

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4 thoughts onClass Action Lawsuit Says MTA Parking Tickets Violate Civil Rights

  1. Albert Plaza says:

    I am a Lyft driver and while waiting for a passenger I was approached by a MTA police officer and was asked to move I then stated to him that I was a taxi and was waiting for passenger he then replied you are not a taxi you are a Lyft driver now move and then I stated you are not a traffic authority you are a MTA officer he then said but yet I can give you a ticket like one so I said do what you have to do he then approached my vehicle and told me thats whats wrong with you spics you don’t know how to keep your mouth shut give me your license and registration is this legal

  2. Gary Tole says:

    Was this suit ever settled? I have been victim of Laz parkings criminal enterprise several times

    1. bolosete@yahoo.com says:

      victim of a parking lot? what a light weight. or at, least a democrat.

      1. chil jones says:

        bolo is absolute right. this guy will sue anything that moves. freak.

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