General Question

rockfan's avatar

Should this be considered fraud?

Asked by rockfan (14231points) 2 weeks ago from iPhone

In Lexington, Kentucky, street parking during the weekend has always been free, all day long. Recently, they’ve changed free weekday parking to after 9 pm, instead of the previous 5pm. But this change wasn’t widely publicized, and they still keep the meters on, on weekends. So some people are still paying the meters even though it’s free. Because some folks are now assuming that the change includes payed parking on the weekends. They always used to shut the meters off when we didn’t need to pay for parking. How is this legal? Shouldn’t this be considered as fraud?

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13 Answers

janbb's avatar

Probably but go fight city hall!

jca2's avatar

All of the meters I’ve ever dealt with, everywhere, you are able to put money in them 24/7, meaning they don’t “get shut off.” It’s up to everyone to read the signs about when parking is enforced. There should be signs on the street that say what the hours are that you have to pay.

I always check and in my life, may have put in a dime or two that I didn’t have to but I’d rather do that then get a ticket.

If there’s a FB group for Lexington KY, you might look in the group and see if anyone has posted about it. If you think it’s an issue, you can also go to a meeting at City Hall and put it on the agenda and speak about it.

I always tell people that these types of issues are one of the reasons why it’s helpful to be active in your local politics, by attending Board meetings and finding out about changes to local laws and ordinances.

jca2's avatar

I did a quick Google search and found this:

https://www.lexingtonky.gov/news/12-16-2022/rates-and-hours-enforcement-lexington-parking-meters-increase

I am betting if you find and join the Lexington KY FB group (I’ll bet there is one), this issue is being talked about there.

Entropy's avatar

If you think the change wasn’t posted, you can fight it in court, and don’t assume you’ll lose. Governments lose in court all the time in the US. There are groups like the Institute for Justice that make pro bono suing of governments over these kinds of economic procedural issue a main part of their diet.

But, I would ask you if they posted the rules near the meters? Even if it’s not SUPER BOLD LETTERING, if it’s posted by the meters, I wouldn’t expect to win that lawsuit.

jca2's avatar

@Entropy It was posted on the internet, too, which counts. See my link above.

JLoon's avatar

Doesn’t meet the standard definition of “fraud” in strictly legal terms :

“The deceitful practice or willful device, resorted to with intent to deprive another of his right, or in some manner to do him an injury. As distinguished from negligence, it is always positive, intentional.”

But it’s probably a mistake that would be covered under the city’s errors and omissions insurance, and may be the basis for a refund claim – if anyone really wants their quarters back that bad.

gorillapaws's avatar

@JLoon ”...if anyone really wants their quarters back that bad.”

Some of us need our quarters to do important things.

GA though. I agree not fraud, but possibly could be contested if you were willing to put in the time/energy to get your money back.

JLoon's avatar

@gorillapaws – Money well spent ;)

rockfan's avatar

The meters in Lexington have always said “No payment needed. Free parking.” when attempting to put money or a credit card in the machine. Didn’t realize that other meters still took money even during hours of free parking. I looked at the meters again and it says the time of payment in small letters in the side. Nowhere near the large sign. So technically it’s not fraud. But it’s definitely fishy and seems like they know what they’re doing.

Blackwater_Park's avatar

“What are you in here for?” “Cutting the heads of parking meters”

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Forever_Free's avatar

I have had to park in the city of Boston for years.
This is not a fraudulent act. The times are posted.
Read before you park. Read before you pay.
Oh, and there is no whining allowed in parking.

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