Drivers a step closer to claiming cash from $800,000 pot over wrongful parking tickets as judge approves payments
A judge has authorized payments, bringing drivers one step closer to receiving money from a $800,000 pot over incorrect parking charges.
The significant class action settlement received preliminary approval from U.S. District Court Judge Cynthia M. Rufe of the Eastern District of Pennsylvania.
Its goal is to settle complaints about parking charges that were issued in Upper Darby Township in 2021 and 2022.
Judged to be a “fair, reasonable, and adequate resolution” of the claims, the decision was made on December 2.
In April of last year, Mary G. Candido of Clifton Heights, Pennsylvania, filed the original lawsuit that is the basis for the proposed settlement.
It was submitted upon the discovery that, between April 2021 and 2023, around 18,000 parking tickets were never forwarded to the Administrative Office of Pennsylvania Courts.
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According to Mary, it’s possible that thousands of people who got parking tickets at this time were not informed about how to dispute or pay for them.
She went on to say that when fees kept going up, this put them in legal ambiguity and terrified of being prosecuted.
Because they are never given any notice or chance to challenge the parking fines in court, many people simply enter a guilty plea and pay the fine, even if they think they have good reason to do so, according to the complaint.
In one instance, the owner of a barbershop allegedly had his car impounded for offenses for which he never received a summons or hearing date but which he was determined to challenge.
Later, as a result of this fiasco, Upper Darby hired Donna Stilwell, an acting director of finance at Brinker Stinson, to audit the ticket issue.
Sekela Coles, a former township councilwoman and parking enforcement director at the time, was subsequently arrested in July 2023 for allegedly using the proceeds from nearby parking kiosks to create a slush fund.
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Coles was accused of transferring money from kiosks into the so-called slush fund, which resulted to her resignation as Upper Darby sparking enforcement director.
Stilwell also discovered numerous IT problems and oversights from the parking enforcement office, which had an impact on the parking ticket issue.
Officials then estimated the lost income from the missing tickets to be around $1.5 million.
The verdict would also require Upper Darby to restore or credit payments made on at-issue parking tickets after the settlement’s execution date, as well as cancel any outstanding tickets for the class period.
The plan also lays out a timeline for reaching other approval milestones, such as informing members, submitting fee applications, and other comparable tasks.
On May 19, 2025, the settlement is scheduled to be finalized in federal court.
How to fight a parking ticket
Following all established laws and ordinances will help you avoid getting a ticket, but occasionally people make mistakes.
Parking tickets can be avoided by reading and following posted signage, just like any other type of citation. However, mistakes can be made and things missed when traveling in a hurry or when visiting a new state or city.
All of a sudden, a ticket appears that you weren’t ready to pay for. There are a few things you can do to support your appeal of a parking ticket if you were surprised by it.
- Carefully read the ticket. Look for errors like incorrect street names, license plate numbers, vehicle make and model, time and date, etc. Errors would then make the ticket invalid.
- Take photos. Of the vehicle in the parking space, lack of signage, or other vehicles that weren’t cited for performing the same parking job. If the ticket involves parking too close to something like a fire hydrant, a photo showing a reasonable distance would help your case. Make sure metadata with the time and date are accessible. Signs that are obstructed by trees, or are on bent posts, or aren’t “obvious” are great things to photograph, too.
- Make sure the statute that was violated is listed on the ticket. If not listed, the ticket is not valid.
- Promptly follow the appeal instructions on the ticket. All legitimate tickets will have directions for appeal. Waiting until the very last moment weakens your argument and can result in late fees.
- When in court, avoid these phrases as they reduce your credibility and weaken your argument:
- “I didn t know the law.”
- “I was on my way to move my car.”
- “I can t afford this ticket.”
- “I ve been doing this for years.”
- “I checked with the parking officer, who said it was OK.”
- Contact a lawyer. If you’re running into roadblocks and feel stuck, it may be best to reach out to a traffic lawyer in your area. Many have free case consultations.
Source: Digest of Readers
After a variety of costs, qualifying claimants would receive a portion of the money paid for the tickets.
These consist of expenses, lawyer fees, and notice and administration costs.
A $5,000 service award would be given to Candido herself.
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On Mayor Brown’s advice, the Parking Department has implemented a variety of internal control procedures and policies.
As part of this, the department was merged into the Upper Darby Police, which is now in charge of all Township parking service issues.
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