Lawyer takes Moncton booters to court - Action News
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New Brunswick

Lawyer takes Moncton booters to court

A Moncton lawyer booted last fall has filed a claim against PSI Parking Solutions and its owners in small claims court seeking to recoup the money he paid to have the boot removed.

No companies are permitted to use a boot to immobilize a vehicle in the city

A man sitting at a desk next to a computer
Darren Blois, a lawyer in Moncton, has filed a small claims action against Parking Solutions and its two listed directors after his vehicle was booted in November. He was charged $180 to have the device removed. No company is currently permitted to boot in the city and a bylaw caps the removal fee at $45. (Shane Magee/CBC)

A Moncton lawyer is going to court to recoup $180 he paid after hisvehicle was improperly booted in the downtown last fall.

Last week, Darren Bloisfiled a small claims action against PSI Parking Solutions and its two listed directors.Bloisis seeking more than $2,600, which includes the $180 he paid in cashto have the boot an immobilization device removed.

Bloissaid he parked on Downing Street last November in a spacehe believed was public parking. He initially didn't notice the boot and was preparing to drive away when someone knocked on his window. The person said the vehicle had been booted and demanded a payment.

Bloisalleges he was told he had topay with cash or the vehicle would be towed and an extra charge would be applied. He said he went to a bank and paid $180 in cash.

"It just seemed like a shake-down, really seedy and shady,"Bloissaid.

He later found out about a bylaw passed by city council last year regulating booting.Itcappedthe fee to release the boot at $45, which can be paid with cash, debit or credit card.

Parking Solutionshas not returned calls from CBC News.

After he learned about the bylaw, Bloiscarried out a search of corporate records and wrote to the addresses listed for the two directors of Parking Solutions seeking a refund or threatening to sue. He said he did notreceivea response.

Bloissaid the person who removed the boot did not identify himself or have a name tag. A handwritten receipt given toBloisis signed by Dale Dixon.

A boot used to immobilize a vehicle. Moncton passed a bylaw last year regulating the practice, but no companies are licensed to use a boot so far. (CBC)

Corporate registry records show PSI Parking Solutions, a partnership between Greg Kennedy and Dale Dixon formed in 2008, was dissolved Oct. 24, 2018, weeks before the Nov. 15 receipt was issued to Blois.

The addresses listed on the corporate registry for Dixon and Kennedy are private homes in Dieppe and Fredericton. Property records indicate the homes are now owned by other people.

A call to a number on the receiptwas not returned Monday.

City gathering evidence

NickRobichaud, the general manager of legal and legislative services, said last week that since no companies have registered with the city, boots can't be applied in the municipality.

He saidthe city is gathering evidenceof illegal booting to bring to courtto stop the company from booting without a licence.

Robichaud said anyone booted should call the police before paying a release fee and notify the city. Hesaid those seeking to recoup their payments would likely need to go tosmall claims court.

Nick Robichaud, Moncton's general manager of legal and legislative services, says the city is gathering evidence to bring to court to stop a company from using booting without a licence. (Shane Magee/CBC)

Bloiscalled on the city to crack down on Parking Solutions.

"Frankly, what they're doing is theft," Blois said."They're stealing your car for money, so police are going to have to get involved at some point."

CodiacRegional RCMP did not return a request for comment Monday.

Blois says he thinks the city needs to crack down on booting. (CBC)

John Wishart, CEO of the Greater Moncton Chamber of Commerce, said private lot owners have a right to protect their parking spaces but also welcomed the city's efforts to regulate booting.

He said the group representing businesses in the city encourages companies "that have a relationship with PSI to re-examine that" in light of the lack of a proper licence and fees above the bylaw limit.