These Companies Were Accused of Scamming Drivers. Here's What We Know

Imagine, you’re working as a Door Dasher or Uber Eats driver. You arrive at an establishment to pick up the food your customer ordered, and you figure you’d be in and out so you’ll just park in the adjacent parking lot. It literally takes you less than two minutes. You grab the order, give a courteous “thank you”, and proceed to your vehicle. When you get to your car, you notice your vehicle has been booted. Not only has your delivery time been disrupted, but the person in the neon striped vest just told you it’s going to cost you no less than $100 for them to remove the boot. The boot they just attached to your tire no longer than 45 seconds ago. How is this possible? How is this even legal? These companies are called Private Parking Enforcement companies, and these are the sentiments that many people have echoed concerning them. Until now, there haven’t been any straight answers. Here’s what we found out.

They Are Lying In Wait.
How is it possible that one minute you walk into a store to pick up a food order, and the next minute (or even before then), you’re haggling with someone about removing a boot from your car? The answer is simple: they were waiting for you.

Companies like these contract with establishments such as convenience stores, apartment complexes and restaurants. They have their agents sit in vehicles close by waiting for drivers to leave their cars unattended. As soon as they do, the agents make it their goal to apply the boot as quickly as possible before the driver returns. Business owners utilize these services because private parking enforcement companies are faster and cheaper than tow trucks. In fact, they do not cost the business owners anything at all in some cases, as these companies make their money by charging you a boot removal fee. It seems as though they could allow you to run in for a second, or at least give you a quick warning. If they did that, however, they wouldn’t make any money. This is why many people refer to these types of companies as scammers. Are they, though?

How Do These Companies Even Exist?
Although the practices of these companies may seem predatory at worst, and questionable at best, the legality of these companies is not up for debate. Yes, what they are doing is legal, but only under certain conditions. First, private parking enforcement companies can only operate on private property. They can only operate where there is clear signage posted, otherwise the act of booting the car itself is illegal. Finally, they have to be licensed. These companies and their operators (booters) must apply for what’s called a Vehicle Immobilization Services License/Operator’s permit. This can vary by state. For example: the State of Texas allows municipalities to regulate vehicle immobilization (booting) services. The Austin Transportation Department (Parking Enterprise Division) and the Austin Police Department’s Wrecker Enforcement detective regulate licensing and enforce state and local laws related to vehicle immobilization.

Read the Signs.
When you go out and park on private property, be sure to read the signs. If warnings are clearly posted (emphasis on “clearly”), you’re going to have a great deal of trouble trying to get your money back from the company. What if you just remove the boot, you ask? That is an option, but probably not the wisest one. Private parking enforcement companies are not law enforcement, but it is still illegal to remove their immobilization devices. The booting devices are the private property of the company and if you damage the boot in the process, that could be a persuable offense. There could be civil penalties, as well. If you remove a boot placed on your car in a parking garage, for instance, the parking garage can sue you for any parking and storage fees accrued, as well as any revenue lost from the space the vehicle inhabited within the time it was there. In the end, it probably makes more sense to just pay the $100 boot fee, and private parking enforcement companies use this knowledge to their advantage. They also don’t tell you that by law, they have to remove the boot within one hour of them being contacted, or they have to waive the boot removal fee.

In the interest of fairness, there are private parking enforcement companies out there that do not behave in this manner and, as with any industry, the good guys have been affected by the reputation of the bad actors. Here, we’re not referring to those companies. Those companies are led by everyday people, trying to make a living and provide for their families without hurting anyone, as I believe the vast majority of us are. For the other companies, I honestly cannot say the same.
So, are these people some of the most hated people in America, and does everyone they come in contact with see these companies as blood-sucking leeches whose parasitic nature is the key to their livelihood? Yes. Is what they’re doing unlawful, and can it be rightfully classified as a scam? Legally, No. But I must say, the practices of some of these companies are definitely a little scam-ish, that’s for sure. Be careful out there.

By Daryl K. Jones