Judge orders Moncton booters to stop

A judge says there's "ample evidence" PSI Parking Solutions violated Moncton's booting bylawand on Tuesday ordered the company and those who ran it to stop the practice.

The city filed an application in January namingPSI Parking Solutions and the company's former partners,Dale Dixon and Greg Kennedy.

Theybootedvehicles in several downtown lots without a licence required by the city under a bylaw passed last year.

The bylaw limits the fee to remove the vehicle immobilization device to $45, but those booted were charged$180 or more.

The city filed affidavits in support of its application from 14 people who reported being improperly booted.

Court of Queen's Bench Justice Jean-Paul Ouellettecalled the evidence filed by the city "clear and compelling" after a brief court hearing Tuesday afternoon.

"One would conclude that there has been numerous violations of the bylaw and without the court order, the respondents would continue to operate the vehicle immobilization business within the City of Moncton in contravention of the bylaw," Ouellettesaid.

"It is in the interest of justice that this order be granted," the judge said.

Ouellette also ordered Parking Solutions, Dixon and Kennedy to pay the city $3,000 in costs for bringing the case to court.

Parking Solutions, Kennedy and Dixondidn't file a response to the city's application after they were served with the documents. Neither man wasin court for the hearing.

An email to a company account was not returned Tuesday. A phone number for Dixon has been disconnected.

Parking Solutions was a partnership formed in 2008 between Kennedy and Dixon. In 2016, Parking Solutionstold CBCNews it monitored 14 private lotsin the city and pledged to fight any bylaw limiting booting.

Corporate records indicate the partnership was dissolved by Kennedy on Oct. 24, 2018.

City received 36 complaints

Kennedy said inJanuary that he no longer was involved in the operation following the dissolution of the partnership.

The city had received 36 complaints since September about people being improperly booted.

It's not clear if booting has occurred recently.Isabelle LeBlanc, Moncton's director of communications, said the last report was received Feb. 11.

Darren Blois, a Moncton lawyer booted after improperly parking in a private space last November, was in court for the hearing.

"I'm happy about it," he said on the courthouse steps after the order was granted.]

"If there hadn't been an order, anybody could've come back and set up another booting business, or this business could've come back."

Amanda MacNeil,the city's director of bylaw enforcement, said the city is pleased the judge granted the order.

"It was a very unfortunate situation that occurred for a few months within the city, but I do believe that the bylaw is solid and that due process was followed," she said.

Bloishas filed a lawsuit in small claims court seekingmore than $2,600, which includes the $180 he paid in cashto have the bootremoved.

He's also representing two other people who have filed similar cases in small claims court.