Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:12/15/2022

  Type:Order Issues
  Status:

  ResolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  On November 25, 2022, I parked my car in the Parksmart garage at ********** Mall in **********. The signage specified that we pay for parking AHEAD of time. As we were going to see a movie, we estimated 2 hours and paid for our parking. The movie lasted longer then expected and we returned about two hours and 35 minutes later to find a ticket on our windshield charging us $30.00 for not paying.When I called the company the next day, they said we had exceeded our paid parking time and were being fined for it. I wrote a letter to the company, mailed on November 26, saying that it is irregular to make people pay AHEAD of time when it is typical not to know how long one will be at a mall, and that it is more standard to pay AFTER one has completed one's stay. This seems like duplicitous business practice. I was willing to pay the minor difference in time, but not the $30 fine. Parksmart has rejected my petition and is insisting that I pay $30. They have given no rationale for this. I would like to have a the fine dismissed and the company warned that it is not legitimate business practice to operate in this manner.

  

  Business Response

  Date: 12/16/2022

  Issue has been resolved.  

   

   

  Customer Answer

  Date: 12/16/2022

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. They have said that they will drop the fine.

  Though I think that the charge was inappropriate in the first place, I am happy to have the charge dropped.
  
  Sincerely,
  
  ***********************************

• Initial Complaint

  Date:11/25/2022

  Type:Product Issues
  Status:

  ResolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Date: 11/23/2022 I parked at the ***************** in **********. Like many other parking providers, this one had signs that said to make sure you pay for parking before you leave. I interpreted this as you need to pay for parking before exiting the garage because there is no attendant at the gate. This is a standard arrangement when parking in most places in the ********. Apparently that sign actually means you have to pre-pay for your parking similar to what you do if you park in a metered parking spot because I was ticketed for not paying. This is unacceptable for three reasons. 1) The signs in the garage are not clear. Nowhere did I see a sign that said if you do not pre-pay that a ticket will be issued. There are signs that say "please pay in advance" but most reasonable people would assume that means please pay in advance of exiting the garage instead of waiting until you get to the gate. 2) How are you supposed to know how much time you need in advance? E.g. if I buy 2.5 hours but am there for 3, is there a way to add additional time? 3) While I am not a senior, I imagine it would be quite difficult for most seniors to figure out how parking payment works in this garage especially if I had issues. There does not seem to be any way to pay except for on your phone. The company says there are pay stations but if there are, I did not see them in an obvious location on the garage floor I parked on.The business needs to clarify that tickets will be issued if people do not pre-pay. It's not clear from the signage but it is clear that the company is doing this to make an extra $20-$25 from those not familiar with the garage. There are 39 Yelp reviews for the ********** location in **********, 31 of which are 1 or 2 stars. The ************ location is even worse - there are 67 reviews of which 66 are 1-star. This should be an obvious signal that many people are unsatisfied with their experience and change is needed.

  

  Business Response

  Date: 11/25/2022

  In order for us to investigate you complaint, please provide us with you license plate or invoice number.

   

  Thank you,

   

  *******

  Customer Answer

  Date: 11/26/2022

   
  Complaint: 18461473
  
  I am rejecting this response because:Im not sure if this will lead to a resolution. If resolved I am happy to accept the response. My invoice number is 611411676.
  
  Sincerely,
  
  **********************

  

  Business Response

  Date: 12/01/2022

  We tried to reach out to the vehilce owner, however the phone number that he provided in his dispute is not correct.

   

  Customer Answer

  Date: 12/06/2022

   
  Complaint: 18461473
  
  I am rejecting this response because: The phone number is correct. Just drop the 1 from the front. Its a formatting issue. Phone number starts with 33 and ends in 49.
  
  Sincerely,
  
  **********************

  

  Business Response

  Date: 12/07/2022

  I just called and left you a voice message.

  Customer Answer

  Date: 12/09/2022

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.
  
  Sincerely,
  
  **********************

• Initial Complaint

  Date:11/12/2022

  Type:Billing Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I parked in the parking for 30 secs to use the bathroom across the street. But I got a ticket, and the parking supervisor ****, ID 145, was very unprofessional and refused to listen. Is parking temporarily for a bathroom for 30 secs to 1 min illegal in this country?My invoice number is *********

  

  Business Response

  Date: 11/14/2022

  Signs are posted throughout the parking lot that you must pay for parking in advance (see attached photos).  

  Customer Answer

  Date: 11/14/2022

   
  Complaint: 18395718
  
  I am rejecting this response because: this business practice is predatory and unconstitutional
  
  Sincerely,
  
  *******************

  

  Business Response

  Date: 11/17/2022

  You may file for an in-person or in-writing Level II Hearing within 21 days from the date of your denial letter. 

  Customer Answer

  Date: 11/23/2022

   
  Complaint: 18395718
  
  I am rejecting this response because: I have already submitted a mail for challenging the Fine. 
  
  Sincerely,
  
  *******************

  

  Business Response

  Date: 11/23/2022

  Once we receive your dispute letter, we will do a full investigation of your claim, you will receive a response back by US mail within **** business days after the postmarked of your dispute.

   

   

   

   

• Initial Complaint

  Date:10/13/2022

  Type:Billing Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  On September 9th and September 10th I received two parking "Invoices" from ParkSmart, *** in the city of Lafayette ********** in a private parking lot without meters. However, I know with 100 percent certainty that on both of these days I was not in violation of the two hour time violation when I received the invoices. The first invoice (date 9/9/22, invoice # ********) the invoice issued at 7:09pm but I parked around 6pm. The second invoice (date 9/10/22, Invoice # ********) was issued at 9:35pm, but I parked at around 6:45pm. Both invoices clearly not in violation of the two hour time period. I downloaded the dispute form located on the company website and mailed my dispute within a few days, and was denied. The denial letter from ParkSmart, *** was unorganized, and did not contain all the original documents relevant to the incident. They contained questionable pictures of my vehicle that do not show clear dates and times that the pictures were taken.I have not yet taken any further action on this issue. The only thing that I desire from ParkSmart, *** is to have my invoices fully dismissed and for the ALL employees to do their job correctly.

  

  Business Response

  Date: 10/17/2022

  Based on the photographs, vehicle was parked over the posted 2 hour parking limit (see attached time stamped photogrphs).  In addition, it was confirmed that the vehicle owner is an employee of Whole Foods, Whole Foods employees are not allowed to park in the 2 hour customer areas.

   

  A form to request a Level II Review was mailed to vehicle owner (***************************) on September 28, 2022.

   

  Customer Answer

  Date: 10/23/2022

   
  Complaint: 18207162
  
  I am rejecting this response because:

  
  

  I apologize in advance if this response is confusing but I am trying to include as much detail as possible.
  

  
  

  As a reminder the core issue is that I was ticketed when I was not in violation of the posted two hour time limit. After gathering more information, I have many issues and, quite frankly I have more questions than answers. First, why are the images contained in the denial letter different from the attached image (8MFA505.JPG) for invoice date 9/9/2022? Why are there no images of my vehicle with the parking invoices physically on the vehicle showing the time the vehicle was ticketed? Why is the parking invoice not present in the denial letter dated 9/10/2022? Please examine the documents titled CCF_000019.pdf and CCF_000020.pdf. In the attached image from the business response (8MFA505.JPG), in the far right hand picture dated 9/10/2022, time stamped 7:03:25pm, you can see that the driver door is open and I am standing next to the car. I parked my car at around 6:45pm, ate my meal and went back to work and was ticketed at 7:35pm according to the invoice, which again is not present in the denial letter and is less than two hours. Please obtain and review that document from ParkSmart, Inc.

  
  

  I have also attached an image of the parking spaces that I was parked in on the date of 9/10/2022. The image is titled: PXL_20221023_013543762.PANO.JPG. As I am an employee of Whole Foods Market in ******************** I know these parking spaces very well. Take note of the forklift next to the white tent on the far left and take note of the wall behind the vehicles. Notice how the wall slopes down to the right. In the image dated 9/10/2022 at 7:03pm you can see that the wall is lower than the wall to the right closer to the forklift.  You can also see that my vehicle is parked two spaces away from the forklift in the image for 9/10/2022 at 4:00:12pm and the wall behind it is much higher. 

  
  

  The reason this is relevant is because it is clear that I am parked in two different spaces. The ******************** Municipal Code, Title 8, Chapter 8-8, Article 16 Subsection 8-8182, line (f) under Restrictions on charging mail-in parking fees, states, "Private parking operators may only issue one mail-in parking fee per business day to an owner of a vehicle parked in a single parking spot in an off-street parking lot without authorization."

  
  

  In addition, the ******************** Municipal Code does not detail or define anything that relates to "In and out parking" The attached image titled: PXL_20221022_010532696.JPG clearly says "No In and Out Parking" which is in violation of the Municipal Code.

  
  

  I would also like to say that employees of any business should not be ticketed on the basis that they are employees because we can park and patronize any of the business in the area at any time. I shop for groceries at Whole Foods on my day off if needed and park in the customer areas. I also patronize other businesses in the area. As a student I study at the nearby ************* and park in the customer lot. Therefore, everyone, including employees should be allowed the two hour time period to park in the parking lots enforced by ParkSmart, Inc. I would say that being ticketed for that reason is in violation of the Municipal Code.

  
  

  Lastly, in the ******************** Municipal Code, Title 8, Chapter 8-8, Article 16 Subsection 8-8192 under Compliance with article it states "It shall be unlawful and an unfair business practice within the meaning of Business and Professions Code ***** for any person to charge a mail-in parking fee, or to issue or cause to be issued a notice of parking charge, that is not in compliance with this article. Any notice of parking charge that is not in compliance with this article shall be invalid."

  
  

  Not only I have I given multiple reasons ParkSmart, *** is in violation of the ******************** Municipal Code, I believe I have given more than enough reason that my parking charges should be dismissed, which is all I care about in the first place.

  
  

  Sincerely,

  
  ***************************

  

  Business Response

  Date: 10/24/2022

  Based on the photographs taken on September 9th, and September 10th, an Invoice was issued on two separate days.  Each day, the vehicle was parked over the 2-hour parking limit.  Furthermore, Whole Foods employees cannot park in customer ********************** areas before 6 pm.
  In a phone meeting with the store manager *************************** on October 16th, ***** confirmed that employees are NOT allowed to park in the customer ********************** areas before 6 pm.
  We have another meeting ***** is scheduling with *******************, the Regional Executive Leader, to discuss this issue.

• Initial Complaint

  Date:09/26/2022

  Type:Product Issues
  Status:

  ResolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I had prepaid for 2 hours of parking for dinner at a nearby restaurant. However, by the time we got back, we were over by 20 mins. We were charged a whopping $35 instead of the $3/hr rate (invoice#********). This happened around 9:30 pm at night. I disputed the charge as I was not provided with the option to pay for the the additional time. This kind of penalty was not called out when I was pre-paying for it or anywhere on the parking lot. I disputed the charge and opted for In Person Level II hearing. I am still waiting for the hearing to be scheduled. Instead, yesterday I received a letter saying my appeal was denied without even giving an opportunity to fight it. They had auto-selected In writing hearing as opposed to In person what I had selected. This is unfair and non-compliant practice by the company. I would like a refund in an amount of $32 (Paid - $6 initially + $35 invoice) as i should only owe $3 for the extra hour without the mark-up.

  

  Business Response

  Date: 09/28/2022

  The Notice of Parking Charge has NOT been paid as of September 28, 2022.  The Notice of Parking Chrage was issued in full compliance with ********** Vehicle Code Section ******* and Title 6, Chapter 10 of the ************ Municipal Code.  The vehicle was issued a Notice of Parking Charge after the time purchsed had expired by 25 minutes.  When we received a dispute letter from *************************, we conducted a full investigation that included inspecteing the signs, downloading the transaction and viewing photographs that were taken at the time (May 28, 2022 at 9:27pm.

  A deniel letter and a Level II Hearing request form was mailed to ************************* at ****************************************************************************** on June 11, 2022.  

   

  See attached documents.