Case dismissed: They towed my car and now they’re threatening me

Clare Koebert was looking forward to seeing the sights in Chicago last summer. She’d rented a car with her husband and made the 12-hour drive from the Philadelphia suburbs.

Instead, she got an unwanted lesson in Chicago’s infamous bureaucracy — and, she says, in its unfair judicial system.

While she was in town, her car was towed. The city says she parked in a handicapped spot. She and her husband insist they didn’t.

It all happened near Millennium Park on a Sunday in July. They paid $8.50 for two hours of parking.

As we were about the make our way to Millennium Park, the car that was parked just in front of us left.

My husband, knowing and respecting my super-accurate nature, asked if he should move the car up a space, just to be sure that we were safely out of the handicapped zone.

Well, even though I was in vacation mode, I re-checked our rental car’s position relative to the handicapped spot borders and confirmed, again, that we were legally parked, and not within so much as an inch of the handicapped spot.

But when they returned from the park, their car was gone. It had been towed away.

THe Koeberts retrieved their vehicle and paid a $160 fine. After contacting multiple people within the city, they were granted a hearing by phone to determine if the tow was, in fact, correct. Chicago takes photos of parking violations, so they were confident the case would go their way.

Not so.

Basically, it was the city representative’s word against ours, and the judge ruled against us.

If the City had only ticketed, and not just towed the car, we would have simply photographed our legally-parked car and, given this evidence, the ticket would have been dismissed, but the city towed away our evidence.

This didn’t sound right to me. If the city takes photos of parking violations, it should simply share the picture with Koebert and then she could see that she was either right (or wrong).

It gets worse. A few months later, the couple received an additional $200 fine from the City of Chicago Department of Revenue. The reason for the delay? They’d rented the car, and it took some time for the fine to be passed along to them.

But why pay a fine for something they didn’t do? They appealed, but their requests to see the evidence were stonewalled. Finally, they received another fine. Chicago now wanted $305 — the $200 original fine plus $105 in extra fees. If they wanted to appeal, they would have to pay a fee, too.

The city was threatening an administrative judgment, which could include garnishment of wages of filing a lien against their property, “boot eligibility,” impounding their vehicle or driver’s license suspension.

As I may have mentioned, the Koeberts live in Philly, so good luck with that, Chicago.

“What horrendous treatment we received as visitors to Chicago,” she told me. “We were treated like criminals.”

A closer look at their case reveals a few other suspicious items. The car was towed just 29 minutes after the couple parked in the spot. To them, and to me, that suggests it could be the parking equivalent of a speed trap — perhaps a poorly-marked handicapped spot that generates revenue for the city.

I contacted the mayor’s office and it investigated the towing incident. A representative contacted me and said the city had conducted a through review and concluded that the evidence for the tow and fine was “solid.” It also agreed to waive Koebert’s fee if she wanted to appeal the fine.

But Koebert is done. She doesn’t have any confidence in the justice system. Chicago has sent her a dunning notice, which means it is trying to collect the fine and may have already sent the matter to a collection agency. But so far, her credit report hasn’t shown anything negative.

I’ve done all I can. I still don’t understand why Chicago doesn’t share the evidence it has of her parking violation. What is it afraid of? Is it possible that the image would vindicate her, or worse, that there is no image at all, and that some overzealous meter maid is being protected by the bureaucracy?

Who knows.

One thing is certain: Next time I’m in town, I’m taking the “L.”

(Photo: Andy in Hokk aido/Flickr)

  • DavidS

    In this case they drove from Philly.

    I rent a car upon arrival in Chicago because I am usually going west…past the points public transportation serves.

  • Jason Hanes

    “I hope they win in the end, but I doubt they will.”
    Not likely at all if they give up as they said in the article.

    But (in your case like this one), what do you expect NY to do? Simply drop the ticket because you drove out of state?

  • Jason Hanes

    Sounds like it would be the actual candidate rather than the democratic party then.

  • Joe Farrell

    They already paid the fine – Guilty.  End of Story.  They cannot try to later fight a ticket that they already paid.  Sorry – you pay or you fight.  If you fight you had better do it timely.  Yes – being from ‘out of town’ is a convenient excuse but its still an excuse.  They paid the TOWING fee when they paid the $160 – they still had the TICKET to pay which they did not – which resulted in the City contacting the registered owner who gave them the renter’s information.  They did not pay the fine – which is why the dunning letters are coming.  By then and now it is simply too late to fight it.  

    Is the system in EVERY city set up to screw the average member of the public – yes.  It is.  The only way to change it is to change the law – and do you think anyone will get elected who is soft on crime?  Imagine the uproar of allowing scofflaws to park in handicapped spaces – may not be reasonable but thats how politics works as long as you let advertising slogan control who you vote for. 

  • Barbara

    Chicago, home of vote early and vote often.

  • flutiefan

    I don’t think that was his point, Jason.  

    I live in NYC now for work, and my car still has CA plates.  I was straight-out told by a parking enforcer that they go for the out-of-state plates 1st, because “you don’t respect our rules”.  One time, as I was waiting for AAA, I literally saw them bypass several cars with expired meters that had NY plates, and ticket a NJ-plated car. It wasn’t until another 30 min had passed that they finally decided to go back to the NY cars.  By this time, several had already moved.  That’s a crock, in my opinion.

  • flutiefan

    for the record, Obama has a smaller government than Reagan. http://www.politicususa.com/en/big-government-obama-reagan

    so let’s not bring politics into this forum, mmmkay?

  • A337086

    Anus of America? Seriously. Say something halfway intelligent or just shut up.

  • Allison

    Amen.

  • Beachglassandseastars

    oh, come on…..seriously?

  • MeanMeosh

    This is Exhibit A in why I avoid driving in close-in areas of big cities like Chicago like the plague.  Too many traps for the unwary, and no effective way for a non-local to prove your innocence against the myriad of unclear parking restrictions and photo enforcement “scameras” (for the record, Chicago isn’t the only offender in that regard – try driving in D.C. sometime).  Unfortunately, I seriously doubt you’ll be able to get anywhere with the city, unless you have a direct line to Rahm Emmanuel himself.  Pay the fine and move on.  Or don’t pay it, and just be sure not to take your personal vehicle into Chicago, lest you want to risk being booted.

    The lesson for next time – if you’re driving, leave your car at the hotel or find a Park and Ride, and take the L.  Or at the very least, never, EVER try to park on the street unless you’re familiar with the area and the street parking restrictions.  Pay the extra money and park in a public garage.

  • Steve R

    No…according to the OP, her husband asked her if she was sure that they were safely out of the handicapped zone, and she claims she double-checked. She could be lying, but generally it’s not that hard to verify that your car isn’t sticking out into a handicapped zone.

  • Steve R

    I’m not sure about the logistics of enforcement, but the parking meter deal was probably one of the worst things the city of Chicago has done to its citizens and visitors. (And that’s saying something!)

    I’m originally from the Chicago suburbs (not the city), and I love to go back and visit every now and then, but you couldn’t pay me to live in the city of Chicago.

  • Martin

    I tend to believe her because I’ve seen plenty of bogus parking tickets in my time…but that was an odd part of the letter.

    “My husband, knowing and respecting my super-accurate nature, asked if he should move the car up a space, just to be sure that we were safely out of the handicapped zone.”

    First off, why was he not capable of seeing if they were in a handicapped spot?  That shouldn’t require “super accuracy.” Yet, oddly, the less-than-super-accurate one was who was concerned.
    And they weren’t talking about moving up a foot or two in their space to be safely clear of the handicapped spot, but rather pulling into an entirely new space.  I think it’s possible that they were never in an actual parking spot–possibly in the extra space for loading/unloading that you sometimes see next to the part of the handicapped space where the vehicle sits. I’ve seen a few of those that basically look like two spots because the loading area is marked separately. They might have parked in that area?

  • Martin

    I tend to believe her because I’ve seen plenty of bogus parking tickets in my time…but that was an odd part of the letter.

    “My husband, knowing and respecting my super-accurate nature, asked if he should move the car up a space, just to be sure that we were safely out of the handicapped zone.”

    First off, why was he not capable of seeing if they were in a handicapped spot?  That shouldn’t require “super accuracy.” Yet, oddly, the less-than-super-accurate one was who was concerned.
    And they weren’t talking about moving up a foot or two in their space to be safely clear of the handicapped spot, but rather pulling into an entirely new space.  I think it’s possible that they were never in an actual parking spot–possibly in the extra space for loading/unloading that you sometimes see next to the part of the handicapped space where the vehicle sits. I’ve seen a few of those that basically look like two spots because the loading area is marked separately. They might have parked in that area?

  • DavidS

    “move the car up a space”

    I can’t get past this statement. Something is amiss.

  • Martin

    I’ve got a working theory on what may have happened.  In my area there are some Handicapped Van Accessible spots that are essentially two normal parking spots combined into one–the left one is for the van to park in and have a big blue handicapped sign in front of it, while the right one is striped to use for the ramp/lift.  If all the paint weathers away, these look like a single marked handicapped spot with a regular parking space next to it.  The husband may have had an inkling that was going on, so he asks his wife, but she looks to see that they’re clear of the spot next to them and determines they’re parked fine.  Then the parking enforcement comes along and gives them a ticket.

  • Estone100

    Their refusal to share the photo is a virtual admission of guilt. The writer clearly is dealing with people who are up to no good. It’s a pity that such a beautiful and interesting city is so famously corrupt.

  • http://www.facebook.com/soniablue Sonia Vining

    Come on over!  We have great food, great casinos, the Tigers are better than the White Sox AND Cubs, and we’re a lot cheaper than Chicago (which I do love, but not as much as my dear Detroit).

  • Patrick

    Here’s another thought.  The spot in front emptied.  Time was out on that meter so some schlub pulled in saw time on Koebert’s meter so gently nudged the front then pushed hard so the Koebert car was now in the handicap parking and the unknown vehicle had free parking for x nymber of minutes left on the Koebert’s meter.  Tow truck could do that also by lifting the front and moving the Koebert’s car backwards.  Am I paranoid?  Yes.  People are out to get me.  Should not complain after Katrina wiped out my record.  We were staying with a friend on Bourbon Street.  Overnight parking with no parking after 10 a.m.  Partied as only can be done in New Orleans so my wake up call was ignored by me.  There was the ticket at 10:30.  I put it in the glove box.  My wife said to pay it before we left town.  No way.  New Orleans is famous for government inefficiency.  We live 800 miles away so never heard from them and Katrina washed the proof out to sea or up the Mississippi.  As for the Koebert incident, out of sheer obstinacy and causing the Windy City grief I would without a doubt present a case to The State Attorney Consumer Affairs Division for Chicago to present the photo.  Make Chicago work for the money.  The ‘Net address is: http://illinoisattorneygeneral.gov/consumers/filecomplaint.html

    Keep Chicago agitated!

  • Rachel G

    Your comment isn’t particularly intelligent or constrictive. Just saying.

  • Rachel G

    Your comment isn’t particularly intelligent or constrictive. Just saying.

  • Rachel G

    Your comment isn’t particularly intelligent or constrictive. Just saying.

  • Rachel G

    Your comment isn’t particularly intelligent or constrictive. Just saying.

  • Rachel G

    Your comment isn’t particularly intelligent or constrictive. Just saying.

  • Rachel G

    Your comment isn’t particularly intelligent or constrictive. Just saying.

  • Steven

    Uh, okay…  It was a rental, so it was clearly an automatic. Ever tried to move a car in Park?  They’d have had hundreds, if not thousands of dollars in damages to the front of the car and probably still wouldn’t have moved tmore than a few inches.  And why would the tow truck have needed to move them?  If anybody was crooked, it’d have been the parking enforcement people who could simply have said they were parked illegally and towed them–no need to go to the trouble of actually moving them into the handicapped spot. Chicago won’t show them any evidence even now, so clearly there was no need for any intricate set-up.

  • Steven

    Uh, okay…  It was a rental, so it was clearly an automatic. Ever tried to move a car in Park?  They’d have had hundreds, if not thousands of dollars in damages to the front of the car and probably still wouldn’t have moved tmore than a few inches.  And why would the tow truck have needed to move them?  If anybody was crooked, it’d have been the parking enforcement people who could simply have said they were parked illegally and towed them–no need to go to the trouble of actually moving them into the handicapped spot. Chicago won’t show them any evidence even now, so clearly there was no need for any intricate set-up.

  • Kathiecoull

    Even though I have a blue hang tag I really have no desire to visit Chicago. I thought NYC was bad, but this is ridiculous. Ah, well, another city bites the dust.

  • Bill

    I say to share the picture.

    When parking, snap a picture with your cell phone.  I do it in case I forget where I parked, but this seems to be another good reason.

  • Bill

    So I do have a question about the note below:

    A closer look at their case reveals a few other suspicious items. The car was towed just 29 minutes after the couple parked in the spot. To them, and to me, that suggests it could be the parking equivalent of a speed trap — perhaps a poorly-marked handicapped spot that generates revenue for the city.

    WHY is this suspicious?  I expect the enforcement people make rounds and that 29 minutes after parking just happened to be when the enforcement people were there.

    This part of it isn’t suspcious to me at all.

  • Clare

    For the record, I’m not the Clare in the story…

    I have to tell you honestly, after reading Chris’s post and all the comments, that I lived in Virginia for 20 years and had two experiences that now make me appreciate that state even more than I already did.

    Several years ago, I got a parking ticket in Arlington County, VA that was a mistake.  I was parked near a handicapped zone, but I was outside of it.  There was a private driveway in the way which probably confused the ticketing officer.

    I was able to appeal the ticket online, and I politely told them, “this is surely a mistake!”  I noted (truthfully) that people park in that particularly spot every day, all day, without problems and concluded that this was probably just “good old-fashioned, human error.”

    In a few days I got a polite email stating that my ticket had been dismissed.  The End.

    The other story relates to a comment posted here, by the woman who thought her headlights were on when they weren’t.  My relatives were visiting me in VA some years back and I ran an errand, at night, in their car.  I was grumbling that their headlights weren’t very bright… and then a VA cop pulled me over because I had inadvertently turned only the parking lights on.  I explained that it wasn’t my car (the license-plates were, after all, from a different state, while my DL was from VA), and had been wondering why it was so dark.  We sorted out How The Headlight Switch Works In This Car, I thanked him, and drove away.  The End. 

    There’s a pro-Virginia moral to this story in there somewhere…  If you’re thinking of moving out of Chicago but don’t know where to go, you might want to make a note of it!

  • Clare

    For the record, I’m not the Clare in the story…

    I have to tell you honestly, after reading Chris’s post and all the comments, that I lived in Virginia for 20 years and had two experiences that now make me appreciate that state even more than I already did.

    Several years ago, I got a parking ticket in Arlington County, VA that was a mistake.  I was parked near a handicapped zone, but I was outside of it.  There was a private driveway in the way which probably confused the ticketing officer.

    I was able to appeal the ticket online, and I politely told them, “this is surely a mistake!”  I noted (truthfully) that people park in that particularly spot every day, all day, without problems and concluded that this was probably just “good old-fashioned, human error.”

    In a few days I got a polite email stating that my ticket had been dismissed.  The End.

    The other story relates to a comment posted here, by the woman who thought her headlights were on when they weren’t.  My relatives were visiting me in VA some years back and I ran an errand, at night, in their car.  I was grumbling that their headlights weren’t very bright… and then a VA cop pulled me over because I had inadvertently turned only the parking lights on.  I explained that it wasn’t my car (the license-plates were, after all, from a different state, while my DL was from VA), and had been wondering why it was so dark.  We sorted out How The Headlight Switch Works In This Car, I thanked him, and drove away.  The End. 

    There’s a pro-Virginia moral to this story in there somewhere…  If you’re thinking of moving out of Chicago but don’t know where to go, you might want to make a note of it!

  • AGW

    How do you measure the size of governments: By budget or employees ordeficit or ???

  • AGW

    How do you measure the size of governments: By budget or employees ordeficit or ???

  • http://www.facebook.com/profile.php?id=1556838763 Nancy Marine Dickinson

    I still refuse to layover in Chicago because of an incident from 30 years ago.  I was flying from Philly to Denver, with a layover at O’Hare.  

    Our plane was taking off and hit the jet-wash of the plane in front of us, causing us to make a considerable drop in the air.  A week later I read in the newspaper about the FAA fining O’Hare for both working their ATCs too many hours and having a regulation that allowed planes to take off too closely.

  • Jack Bauer

    I think someone’s from Chicago, the Anus of America!