San Francisco is extremely scrupulous about its extremely complicated parking rules.
Parked in the way of street sweeping? Ticket, sometimes in spite of the signage being missing.
Failing to turn your wheels to the curb on a steep hill? Ticket, sometimes regardless of whether the hill’s listed as steep enough to warrant it.
Parking at a “red curb”? Ticket, sometimes even if the paint’s completely faded away.
Yes, the city’s rule-bound when it comes to handing out tickets.
But when it comes to letting people contest those tickets automatically with the new ticket-contesting app “Fixed”, well, it turns out that the city is a bit sloppy, at best, or perhaps even purposefully throwing a monkey wrench into the works, as the app maker has alleged.
Fixed says that the transit authority has gone so far as to turn off its fax machine, depriving the startup of an electronic trail to prove that ticket-contesting paperwork has ever been delivered.
At any rate, given the stakes – big bucks in citation revenues – it should come as no surprise that the app has now been blocked outright in three California cities: San Francisco (where it’s based), Oakland and Los Angeles.
As Fixed co-founder David Hegarty explained to TechCrunch, he created the app after receiving what he thought were several erroneously issued tickets.
After paying for four tickets one morning, he found two more on his car, he said. Here’s what he thought of whether or not he deserved them:
The tickets were complete bullsh*t, and I knew they had been erroneously issued.
So he did some research, found out how to contest parking tickets, and submitted appeals on the two new tickets.
He won: both were dismissed.
Thus was born a ticket-contesting vigilante: he started contesting all his tickets, and he frequently won.
He realized he was on to something. He sure wasn’t alone in being frustrated with the frequency of ticketing, or what’s sometimes unfair or erroneous ticketing.
San Francisco has the most expensive parking tickets in the US.
The current cost: $74 (about £48).
Add up all those tickets, diligently issued 362 days per year, and you get an industry that’s reportedly worth $133 million (about £86 million).
So it’s hardly surprising that cities like San Francisco would balk at making it easy to contest tickets.
Nor is it surprising that somebody would think it’s a good idea to come up with an app to fight back.
Here’s how Fixed works: You take a photo of your ticket and answer a few questions about your driving history. A Fixed agent then analyzes your ticket, looking at Google Street View to check whether the city had the proper signage in place and checking it against a variety of common ticket-issuance errors before writing a customized letter to the city on the user’s behalf.
The Fixed agent then sends a report about the ticket. At that point, if you think it’s worth the money to pay a Fixed attorney – fees now start at $150 – you can engage one. You don’t have to go to court, but you can if you want to. As well, a customer retains the option of going to traffic school – an option that can save him or her getting points added to their driving history.
But the company decided to “pause” that service in September.
As Hegarty told TechCrunch, this had to do with Xerox blocking Fixed from their ticket sites earlier this year – Xerox being the company to which the cities in question have outsourced the Ticketing Operations backend.
Fixed initially alleged that Los Angeles, Oakland and San Francisco had commanded Xerox to block the app, but on Wednesday, the San Francisco Municipal Transport Agency (SFMTA) denied the allegation, sending this statement to TechCrunch:
Xerox has made a security change to their system which no longer allows for mass electronic submissions and payments for all their clients. According to Xerox, this is to enhance internal control and system integrity. This was not a request from the SFMTA. In fact, we have reassigned staff to help support any submissions being made by Fixed and they can still submit protests online or continue to submit paper copies.
Fixed is reportedly still investigating its options, telling Tech Crunch that it has no plans to resume its Parking Ticket service at this time and will instead focus on its growing Traffic Ticket business, which it’s currently expanding outside of California.
The name “Fixed” is a little misleading, to my mind.
It sounds like some sleazy insider trick that lets law breakers off the hook, making legitimate citations just go away, poof! and thereby rewarding people who jeopardize street safety.
Plus, we can’t deny that cities use citation funds to shore up their infrastructures: not a terrible idea.
But it’s not a sleazy insider trick bent on subverting the law. It’s very much working within the legal code.
It’s not a perfect app, mind you, as the reviews on the app stores will tell you.
But its modus operandi is absolutely legitimate: it’s simply streamlining the kludgy process of protesting unfair citations.
That’s pro-consumer, and I can’t see any legitimate, defensible reason why cities would want to block this app.
UPDATE, 16 October 2015: Xerox sent us the following statement:
Fixed has not been blocked from ticket websites in Oakland, San Francisco and Los Angeles. What has occurred is that Xerox implemented industry standard Payment Card Industry (PCI) best practices for all our public facing web sites to protect the our system security. The sites no longer allow mass electronic automated system access. Individual payments, protests and other interactions can still be submitted online or through paper copies. This effort was not directed at any one company, but aimed at protecting the overall system infrastructure security for all our clients. The security standards are industry standard applications similar to what you find on many transactional websites, social media sites and newsletter groups to ensure all safety measures for the customer.
Andy
I have never lost a parking ticket I challenged. In my state, you have a right to confront and question the witnesses against you – this mean the meter maid who issued the ticket. Due to frequent turnover and the high number of tickets they issue, the meter maids almost never show up in court. The only one who does show up is a parking authority agent who did not write the ticket. When you motion for a dismissal based on the witness failing to be present, the gavel comes down and you’re not paying a dime. My last batch was $504 in tickets dismissed.
micchickenburger
It’s true–In the United States you have the right to face your accuser, and the accuser (the Government) has to, beyond a reasonable doubt, prove that you indeed did commit x crime or y violation. Of course, in the case of a parking violation, most people would rather just pay the fine than go through the trouble of going to court or contesting the ticket, even if they’re not guilty of it.
JR
Maybe you should just not park where you aren’t supposed to. I’ve been driving for over 35 years and have had only one parking ticket in all my life. I have zero sympathy. Try following the laws… it often works.
Kyle Saia
If you read the article you would know that the problem is when signs aren’t posted or red paint has faded. Following the law is a good idea, but at leaste give us the chance to know the law is in affect in an area.
micchickenburger
Have you ever driven in Manhattan, New York City? All you need is to be one minute over your time. Once a citation starts to be issued, the patrol person cannot stop it. And while you may be in a valid spot, it might become invalid for an hour in the middle of your paid time because of street cleaning or something of the like. There’s another ticket. I managed to get three parking tickets in just two days, despite trying my damndest to comply. Some places just suck, no matter the driver.
Blake
I’ve had my car towed for parking (for a few hours) in an area where the no parking sign had fallen over and was overgrown by brush. I’ve also been ticketed for parking in a “temporary” no parking zone when there was no sign visible within 100 yards. I can sympathize when the local government doesn’t follow their own rules and/or reasonable standards for signage. However, those who knowingly park illegally blocking a fire hydrant, driveway, or in a disabled spot deserve what they get.
saxonrau
You’re missing the point – these are tickets issued erroneously. The people who received them /were/ parked correctly and legally. I’ve received one in a private car park alleging I was parked outside a marked bay. I sent off the photos showing I wasn’t and it was dismissed. It was annoying and wasted my time – it would be better if ticketing agencies did their jobs properly but their staff are often on commission.
ThatGuy
Laws are written and enforced by people. People are fallible. People also blindly follow what is “Right”
These “laws”, as you call them, are little more than revenue generators. The $188M that San Francisco collects is money the city COUNTS on. If it doesn’t get it, there is belt tightening. No one wants that. So the city collects. They collect with the judiciary and law enforcement.
It’s a sham and a scam.
JD
JR, maybe you should just read the article as you’re supposed to. I’ve read it for over 35 seconds and have had not only one realization in all this time: Tickets can be wrong. I have zero sympathy. Try following the laws of reading… it often works.
Stephen Cox
JR: Did you even bother reading the article before commenting?
“Parked in the way of street sweeping? Ticket, …in spite of the signage being missing.”
“Failing to turn your wheels to the curb on a steep hill? Ticket, …regardless of whether the hill’s listed as steep enough to warrant it.
Parking at a “red curb”? Ticket, …even if the paint’s completely faded away.”
These are obviously cases where the law enforcers are abusing their power.
redsoxaddickt
san francisco’s parking situation is in dire straits. bike lanes have taken over where parking designated for customers shopping in various commercial districts has evaporated – metered or not. i contested bogus tickets twice and lost both times. and the rules state that you must still pay in full even when contesting or else late fees are added. i “worked” my fines off by doing community service for the department of public works – a great program run by the public defender’s office called Project Twenty (if my memory serves me right)
dewbert
Why would you pay $150 for an attorney when the ticket is $74?
Paul Ducklin
Because paying the ticket would show some kind of social conscience, and a willingness to comply with the spirit of the law. (Let’s be honest, you knew *perfectly well* that the cracked and ageing paint at the roadside denoted a red zone, even if it had faded to a broken pink. You *knew* you’d parked on a hill, and kerbing your wheels would have taken two seconds. But why not use a zillion dollars worth of internet-age infrastruture to prove that the gradient was 0.02% below what would make the ticket stick?)
Why do the decent thing when you can invoke the letter of the law, and stick it to the meter maids, to paraphrase one of our earlier commenters?
I fear this is the same sort of attitude that leads many people to skip patches, to insist on using needlessly-vulnerable software, and to treat computer security as a burden to be borne by other people. THE LETTER OF THE LAW SAYS I’M GOLDEN, SO YOU CAN’T MAKE ME DO IT.
Or maybe I’m just in a cynical mood this morning :-)
ITGUY
Paul, sadly that requires common sense and to my knowledge there has been no app developed to assist that yet! ;)
Sam
The article is poorly written but the reason you’d pay $150 for an attorney is because you got a speeding ticket, which is probably at least $150 in fines plus points on your record which you don’t want.
Paul Ducklin
Except that the OP’s point was why you’d pay $150 for a lawyer if the ticket were *half* that. (And these are parking fines being challenged on technicalities, not speeding tickets.)
Adam
Paul, it could also be tourists, people that have recently moved to the area, or people visiting family members, who simply don’t know the local laws.
If you don’t know that a particular law exists, and there’s no signage or other indication that there is something different about this particular parking-place, how are you to know that you are breaking the law?
jalmos
I know, right?
All these people should stop expecting law enforcement to follow the actual laws like that’s their job or some other crazy thing.
Like the Constitution says: “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution…or, you know, like, when we all really know that it should be”
Daryl
I recall a UK story where someone parked legally, workmen came and painted the kerb red and then a parking officer booked it.
I think the guy got off because he was backed up by a witness