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NEWS
[ Friday, March 30, 1990 ]
 
Unpaid fines could lead to towing or a court date

Collegian Staff Writer

You may laugh or kick your tire wheels. But don't tear up that slip under your windshield wipers. Ignoring parking tickets from private lots may drive you to court.

To cope with the borough's widespread parking problem, many downtown businesses have resorted to towing, fining or warning those who park their cars illegally.

Businesses may also file civil charges with a Centre County district magistrate, said University attorney Bob Godlove. Illegal parking on private property is a summary offense, similar to harassment and traffic violations, and can accelerate to a trial, he said.

"There are consequences that can result," he said. "Eventually (an arrest) warrant can come out against you."

After offenders are cited and a complaint is filed, notification is sent by mail to their homes, said Linda Yorks, a representative of State College District Magistrate Clifford H. Yorks' office. Those improperly parked then have 30 days to plead not guilty and request a hearing, she said.

Or offenders can admit their guilt by paying a $35 fine, Yorks said, explaining parts of these funds go to the borough and the county, as well as the Commonwealth.

If suspects do not respond to an additional certified letter sent after 10 days, Yorks said they are considered guilty. And just like criminal penalties, if the fine is not paid, the sheriff is sent out, she said.

Few of the 5,478 complaints filed in 1989 had to go to court, she said, adding of those that did, about 50 percent resulted in convictions. Those who were found guilty also had to pay an additional $5 court fee, she said.

Under the Pennsylvania Motor Vehicle Code, Act 81, a property owner can prosecute people who leave their car without an invitation.

While warning signs do not need not be posted, many businesses do so to strengthen their rights.

One place that does hang warnings --four of them in its 50 x 50 foot lot -- is Pizza Hut, 244 W. College Ave. Assistant Manager Doug Wynn said parking presents a problem since workers' spots are taken by cars of non-employees.

If the staff was conscientious about it, they could issue 20 tickets a day, he said.

Wynn said the restaurant's policy is to place their own tickets on offenders' cars, charging a $15 fine. If it is not paid to Pizza Hut within 48 hours, the management will file charges with the magistrate, he said.

Attorney Godlove explained this is not a form of blackmail, since owners have a legitimate right to protect their land by making a complaint. It would be blackmail, he said, only if there were no question of the suspect's innocence.

Funds from these tickets collected by Pizza Hut are sent to the corporate headquarters under the category of "miscellaneous receipts," along with its other income, Wynn said.

He estimated that 50 percent of the tickets are turned over to the magistrate. Many vandalism incidents against Pizza Hut, such as flattened tires and damaged glass doors, can be linked to irate offenders, Wynn said. In fact, he said, one even urinated on the manager's car.

Another self-policed downtown parking lot is adjacent to Roy Rogers, 322 W. College Ave. Unlike Pizza Hut, however, the fast-food restaurant does not issue its own tickets. Instead, the restaurant places a warning on a car and then subsequently tows, said Relief Manager Dave Woody.

Towing is more effective, said Tom Macadlo, district manager, since it costs $35-$40 to release a car from a towing service, and it is inconvenient for the owner to pick it up.

However, Woody said although management notes 50 to 100 violators per day, it rarely resorts to towing.

"No matter what you do, you look like the bad guy," Macadlo said.

Yorks noted those filing complaints do not have to be commercial businesses. Private homeowners or even apartment landlords can also file complaints.

Suzanne Sigmund, general manager for A.W. & Sons Realtors said only tenants may park in apartment lots, since they are charged for it as part of their rent. Violators -- which average between 15 and 20 a week -- are fined $10.

"I wouldn't say its a serious problem," she said. "We think it works out well."

Tracey Mahoney, director of Undergraduate Student Government's Department of Legal Affairs, said she does not remember any students coming for legal advice on fighting private ticketing.

"I'm sure it happens," she said. "Most people just pay them."

 

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