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Is It Legal? Opinions, Please!


retmar
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I have come upon another good one for all to share their opinions.

Someone we know missed a Toll Booth recently and received a letter regarding the infraction. On the envelope just below the return address was written in plain English that is was from their Violation Enforcement Department. On the return coupon, it also says the same thing below the address, which shows in the window on the return envelope. Nowhere does the letter say it is from a debt collector, nor does it cite any of the laws. The only references are to the laws of the Vehicle Code which allows them to collect for "missed" tolls. Also, other BS. When you read the laws, it is considered a civil matter and can go to civil court if the person fails to pay within the timeframe allowed, etc. Now, since the collection laws state that they cannot use identifiable information on the envelope or where "others" might see it, and since California holds the OC liable, I am wondering if this is legal for them to place in view of others.

By the way, the missed toll booth is off of the traveled section and up to the right out of normal view. Only sign says "Toll Booth Ahead" and is almost a mile back in the same lane that was being used.

What is everyone's opinion?

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Who asked you GHACORP?

:BanHim:

Frankly I think a good court case would shake this up. Government entities who are supposed to collect fines themselves instead turning to CA's. This is disturbing.

Next we'll have the police turning to bounty hunters to go find and capture wanted criminals. This might have worked in 1875 but it's out of place for 2005.

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Thanks everyone!

Grim, the driver was on the road that day so has no problem with that. The comment was made as to the company not caring that the booth is easily missed by those who do not have a Transponder or have never used the road before. To add, this person had other vehicles in front and beside and just stayed with the flow. Then, of course, the information on the envelope.

As to GHA's comment, I should have mentioned this is a private company, not any form of Government. They are only authorized under the Vehicle Code to collect. As to the Government having more latitude, that is "the norm", as we all know.

No on the ban! GHA is good people with proper responses. I am one who wants the honest answer or opinion, not the "?????".

Good point, Dive! Never looked at it from that angle. But, if the driver failed to pay, it does turn into consumer debt if taken to court. As was related to the driver by this company, once paid, all is gone. No notations on driving records, which one could argue "could" prove consumer debt. I don't know. I guess we could all read into this something other than what it really is.

Let's try and keep this going in hopes someone else might have some input. In the meantime, I'm going to compose a letter to my State Senator to see what I can find. I go through him as it will get handled faster, usually 6 weeks. The AG takes up to a year to respond to a simple question, then won't answer your question and tells you to hire an attorney.

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No on the ban! GHA is good people with proper responses. I am one who wants the honest answer or opinion, not the "?????".

ghacorp seems to always give answers that benefit the CA. In several threads he has come in with lousy advice, without actually saying it. he/she tells people on this board to just "pay up, deadbeat!"

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Who asked you GHACORP?

:BanHim:

Frankly I think a good court case would shake this up. Government entities who are supposed to collect fines themselves instead turning to CA's. This is disturbing.

Next we'll have the police turning to bounty hunters to go find and capture wanted criminals. This might have worked in 1875 but it's out of place for 2005.

It is a disturbing trend. The Neocons in Washington are very fascist these days and are empowering government entities to collect fines and such. Getting a letter asking to pay a parking ticket from another state from the late 1980's is not unheard off. If you don't vote for democrats already consider doing so the next time you vote!

"The City Attorney's Office will start posting on its Website the names of hundreds of thousands of government agencies, companies and people who owe the city a total of more than $90 million in debt. That includes fines, collection fees and interest.

At the same time, the city's Collections Division will send 30,000 letters to debtors who owe $250 or more. Those who do not pay in 30 days may be sued."

http://www.signonsandiego.com/news/metro/20051122-9999-1m22debt.html

"Brown is a holdout against the EZ Tag system in the Houston area. So he and others like him must crowd into the increasingly scarce toll lanes that still accept cash.

"It's mind-boggling, isn't it?" said Michael Kolb, vice president of Traffic Technologies Inc., which helps public agencies set up automated toll systems. "Every day I pass through a toll plaza, and the cash line is five, six and 10 cars deep. I scratch my head and say, 'What are these people doing?' "

They may believe they're playing it safe. In response to an online query, dozens told ABCNEWS.com via e-mail why they think getting an electronic toll device increases their risk of being monitored, accidentally overcharged, ticketed for speeding and more.

Brown, an attorney, said he resists the automation because he doesn't like the way his local authority draws money directly from bank accounts or credit cards to keep the toll devices funded. And that's not all."

http://abcnews.go.com/Technology/Traffic/story?id=491742&page=1

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Who asked you GHACORP?

:BanHim:

Frankly I think a good court case would shake this up. Government entities who are supposed to collect fines themselves instead turning to CA's. This is disturbing.

Next we'll have the police turning to bounty hunters to go find and capture wanted criminals. This might have worked in 1875 but it's out of place for 2005.

It is a disturbing trend. The Neocons in Washington are very fascist these days and are empowering government entities to collect fines and such. Getting a letter asking to pay a parking ticket from another state from the late 1980's is not unheard off. If you don't vote for democrats already consider doing so the next time you vote!

That won't accomplish anything. Democrats get into power and it's TAX TAX TAX TAX TAX TAX ... TAAAAAAX ... Wonderful TAAAAAAX.... [think Vikings, Monty Python, and canned meat products]

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What I am about to say will offend some, but, oh well.

This site was not created to teach people how to avoid their obligations. It was created to teach how to deal with the collector by assuring they are fully aware of their rights. It also teaches how to improve scores so as to realize a dream. And, we can go on as to any other matter a visitor can learn here.

As all are fully aware, this site receives many visitors from different walks of life who have placed themselves in this position, no matter the cause. And, yes, we get each side of the extreme from those who want to avoid their debt entirely to those who suffered a tragedy which this was the end result. My reason for finding this site is from a medical tragedy. No, I'm not putting anyone down for how they may have gotten in this position. We're all human and make mistakes. How we grow is how we handle a situation each and every time it comes up. Then we can be proud of ourselves.

The short version is our main goal on this site is to assist all who ask how they can resolve their problems where they come out the winner, not the loser. Example is how to ask for deletion if full payment is made. Another is how one may be able to pay a lesser amount.

And, yes, we also teach them how to deal with the violator, which is one of everyone's biggest problem, and, from that, how they can settle their problem to benefit them more than the violator. The goal here is to place oneself in a position where they can nail the violator and get the edge for offering settlements, and obtaining total deletions. To add, if someone has been violated to the extent that their only resolution is to sue the violator, as in Xan's cases, for example, then go for it and get what you can. If it means the debt is gone entirely along with deletion, so be it. They earned the right to not pay. Otherwise, gain the position to settle for less and pay it. If paying will create hardships, such as a single parent might find, then the goal is to find some sort of resolution to the problem that will work. This could mean contacting the OC and find the right person who is willing to work with you. This is accomplished as many others have stated in the past, call them and if you don't find one the first time, hang up and try again.

As in our matter, the end result was I paid one of the providers their copay which was legally their money, even though the SOL had passed. They did receive sanctions from my healthcare insurance, which was sufficient punishment. They also straightened out their practices. Mind you, if you are sanctioned from participating in the Medicare and Tricare programs, it does hurt the bottom line. The other provider wrote off the whole amount claimed as their apology for their actions. As to the CA, they got in some trouble from their state, and, for our not suing them, I told them to take the others and place them carefully. These were older medical items that we did mess up on. This is the short version.

My whole goal is to share with all what worked for me and others I have knowledge of in hopes of resolving their problem accordingly. You will find in many of my posts I noted figures they could use to open the door for settlements.

And, lastly, to the one who says to vote Democrat. Get real. the Democratic Party consists of nothing but liars who's only agenda is to rewrite the Constitution and, as was noted, continually raise taxes. That is just for starters. One example of what I am talking about, they ran a man who committed Treason against the United States as their nominee for President. They all had knowledge, but, continued to tell the citizens that all of us were liars. It is on film and in photos of his sitting down with the enemy in Paris offering his assistance in causing the US to surrender. Find the video of the Dick Cavett Show filmed in 1972 where John O"Neill (Swiftvets) debated Kerry on his lies to the world. Find a copy of Kerry's book. This is over and above his marching in rallies under a communist flag while the American Flag is held upside down in total mockery. The cover of his book had his friends holding the American Flag in mockery of Iwo Jima. You want me to go on. For those who are not aware, I am a Vietnam Veteran and all that was said about Kerry is true.

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