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Calgary driver fights ticket from private parking lot citing ‘simple mistake’

WATCH: A Calgary woman is refusing to pay a hefty fine for parking on a private parking lot arguing she did pay the ticket, but there was a ‘simple mistake’. Global’s Tomasia DaSilva reports on whether you have to pay tickets issued on private parking lots – May 6, 2019

A Calgary woman has found herself in some unusual ticket trouble after parking at a private lot in the city.

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Samantha Powell parked at a downtown Indigo parking lot back in November 2018. She said she paid $23 to park there, but when she arrived back at her vehicle, there was a ticket on the windshield.

“I did pay, I had proof that I paid,” Powell said.

Calgary woman fights parking ticket on private lot. Global News

The problem is, she paid for the wrong vehicle.

She told Global News she was driving her husband’s new vehicle with new plates and said when she entered that plate number, she was off by one digit.

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Powell said she sent proof of payment to the parking company and thought all was well. However, a few months later she got a final notice from Indigo stating that in addition to paying the fine, the company also tacked on a late fee and said she would not be refunded the original amount she paid to park.

The letter went on to say if she didn’t pay, her case would be sent to collections.

She contacted Indigo again.

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“They said they had received everything but they didn’t care,” Powell said. “They said, ‘No, you’re going to have to pay the fine.'”

Calgary lawyer Jeff Kahane of Kahane Law Offices said unlike city-owned lots, private lots have a tough time enforcing any tickets they hand out.

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“We’ll tell clients, you know, it’s up to you — you can pay this but it basically means nothing.”

Kahane said the company can tow you if you park there again, but other than that they would have to take you to court — and most of the time that would be unlikely.

“The only time you’d go to court on a parking ticket is if they sued you for it and it makes no sense financially for them to sue you, either because your filing fee is usually in excess of the cost of the ticket, and the time and paying a lawyer,” Kahane said.

Global News reached out to Indigo several times to get a comment. The parking enforcement company sent an email statement that read: “As per our company policy, we would be able to discuss the situation further with the owner of the vehicle. They can reach us by phone or on our website.”

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Powell said she tried to reach out to the company again but hasn’t had any luck.

She also filed a complaint with the Better Business Bureau, which she said has also gone unanswered. The BBB confirmed to Global News it has been asked to pass along complaints filed to Indigo at the company’s request.

Powell said she plans to push forward with her complaint, saying it’s not only about the money.

“I said I will take responsibility and I’ll pay the lower fine,” she added. “But my issue is they’re taking the $23 and just taking it for themselves.”

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