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People vs. Government

JOIN LAWSUIT AGAINST CALIFORNIA TOLL ROAD OPERATORS

ANYONE THAT HAS BEEN RIPPED OFF BY THE TOLL ROAD OPERATORS IN CALIFORNIA? COMPLETE THE NO COST FORM WE WILL NOTIFY YOU OF THE LAW FIRM THAT WILL HANDLE THIS CASE

http://www.gma3000.com/Contactus.htm

Here is a letter sent to Toll Road operator :::

The Toll Roads
Violation Dept.
P O Box 50310
Irvine, Ca. 92619-0310

Re: Violation N. 255365xxx– G

To Whom It May Concern:

This is a request to void/cancel the above referenced citation.

I was traveling on the Orange Grove S freeway on July 18, 2013 and found myself in the toll portion of the freeway. I was following the GPS and found myself on that fwy. without any idea it would be a toll road.

When I reached the booth I found I only had a $100 bill and had charge cards. The attendant stated she could only accept bills of $20 denomination or less and that charge cards are not accepted. I was given a business sized card, copy shown on the picture below. I was told that I should pay within 2 days. The attendant did not notify me of the high penalties nor did the card show examples of penalties if not paid within 2 days. This is a total cover up of necessary disclosure geared to take advantage of the ignorant and unwary traveler, a sort of entrapment!

Unfortunately, I had misplaced the card and could not pay within the 2 days!. I surmised that I would be receiving a notice by mail and today found such envelope from your entity. Never did I imagine an outrageous charge of $102.50 for a $2.50 toll charge!

On the picture below you see that I was charged a penalty of $57.50 if paid by August 15 and an additional $102.50 if paid after August 15, 2013. These penalties are preposterously high! Your penalty an annualized 53,446 % (percent). This is worse than loan sharking and robbery!

I am not sure who set these outrageous fees but I certainly believe that they are usury, excessive and outrageous! You are the toll road experts and it is your duty to share your charge and penalty system with your clients, the unwary traveler.

Basically it is evident that you must be making considerable amount of moneys by not disclosing salient fee information from the innocent citizens of California! It seems that you purposely engineered your systems to generate revenues by not disclosing pertinent penalty information to the citizens of California, the unwary victims.

Parking meters accept charge cards why wouldn’t your toll roads accept them? Charge cards are quicker to use than finding coins (usually in pockets) amounting to $2.50.

Also $100 bills are legal tender and should be accepted:
Coinage Act of 1965, Section 31 U.S.C. 5103
United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts.

As a major public entity with a captured audience you have certain obligations!

Summary;

The Toll Roads have failed to the following:
a. To provide legible signs stating that if not paid within 1 month $2.50 will be $60 and $102.50 after 1 month. There are many other signs on highways about fines for using cell phones while driving, using the diamond lane ($500) etc. Toll Roads can easily provide signs before the booths at the exits with examples of penalties that you charge.
b. A QR code on sign where driver could go to the website and could make payment instantly (safely on side of road) or at a later time.
c. A card, pamphlet or QR code should be made available at the booth at all exits where payments are made.
d. Also the card and pamphlet should state that there are only 15 days to dispute the charges.

It seems that from your article 2, that you are aware of the inappropriateness of your policies.

I hereby request that a reimbursement of $102.50 be made. If not, this matter will be brought to the court system through an attorney. You refer to your Board of Directors on your website (see below). I would like to be notified of which board of director, for what entity and if public or private. Please include how they can be contacted and request the address of their offices.

There was a lawsuit against toll road operators see below. They and the Board of Directors continually disregard and rules of decency and respect for the citizens of California.

Sincerely,

 

 

RERERENCE:

On your website you do not state what court to dispute the violation.

From your website: https://www.thetollroads.com/commonquestions/general.php
ARTICLE 1
How can I dispute a violation?
Start quote “You can dispute a violation by filling out the “Contest of Notice” portion of your “Notice of Toll Evasion.” This notice is typically mailed to you within two weeks of the violation. Please include a written explanation for contesting the violation. We will investigate the circumstances and provide the results by mail.
If you are not satisfied with the results of the initial investigation, you can request an administrative review within 15 days of the postmark date of the results of the initial investigation. If you are not satisfied with the results of the second review, then you can file an appeal with the municipal court. The procedures for administrative review and appeal are set forth in California Vehicle Code, Section 40255 and 4025”
Also:
ARTICLE 2
Is it true that soon you will only collect tolls electronically and I won’t be able to pay with cash? How can I learn more about this change?
Plans are moving forward which will give drivers more ways to pay on the 73, 133, 241 and 261 Toll Roads. We are currently in the process of converting from a mixed-mode of toll collection (electronic and cash) to all-electronic toll collection (FasTrak® and license plate tolling accounts). With all electronic tolling (AET), the need to stop and pay at toll booths will be eliminated. As a result of cashless tolling, traffic will be free-flowing, ridership safety will be enhanced, back-ups at the toll plazas will be eliminated and operating costs will be lowered. A range of license plate tolling account options will be available to accommodate travelers who currently pay with cash and do not want to sign-up for a prepaid FasTrak account — the FasTrak payment option that 80 percent of our drivers currently enjoy will remain unchanged.
Cash will continue to be collected on The Toll Roads until 2014. After two years of thorough and in-depth research, in June 2012, our Boards of Directors voted to begin the software programming, civil engineering and developing of outreach and education campaigns. From a driver’s perspective, the AET timeline is pretty far off; they won’t see any changes for nearly a year. The earliest that drivers will be able to sign up for one of the many new account types is early 2014. The earliest that cash toll collection will be removed is 2014.”
End quote

 

CLASS ACTION LAWSUITS.

 

http://www.ocregister.com/articles/penalties-217357-settlement-octa.html

Toll roads agree to $42-million settlement over penalties
By ANDREW GALVIN / The Orange County Register
Orange County’s toll road agencies have agreed to waive $41 million in commuter penalties and pay $1.4 million in restitution to settle a class-action lawsuit brought on behalf of people who say they were charged excessive penalties for toll violations.
The lawsuit was brought on behalf of people like Sharon Willis of Corona. Willis, a court reporter at Orange County Superior Court, and her husband, Don, an Orange County Deputy Sheriff, both travel the 91 Express Lanes on their workday commutes.
In a declaration filed in the case, Sharon Willis said her elderly mother unknowingly ran up $32 in unpaid tolls on the 91. Willis said she had tried to add her mother’s Camry to the couple’s FasTrak account when she moved in with them, but apparently the Camry was never added.
About three years later, the Willises received a letter from the Orange County Transportation Authority saying they owed $2,700 in penalties for the unpaid tolls. It was the first they had heard of the unpaid tolls, Sharon Willis said.
Willis’ offer to pay the tolls incurred by her mother was rebuffed and a lawyer for an outside collections firm hired by OCTA vowed to go after her for the full $2,700, she said.
The class-action settlement is open to anyone who was assessed a toll-evasion penalty during a six-year period by either the OCTA or the Transportation Corridor Agencies, which oversees the 73, 133, 241 and 261 toll roads. Potentially, tens of thousands of people are eligible to participate, attorneys for the plaintiffs have said.
The periods covered by the settlement are from May 31, 2003, to Oct. 5, 2009, for the OCTA, and between Jan. 1, 2003, to Oct. 5, 2009, for the TCA. The settlement class also includes people who were assessed escalated penalties after May 31, 2003, by the OCTA for violations that occurred before that date.
People who are eligible for inclusion in the settlement but who want to opt out must do so by Jan. 19, 2010. For details on the settlement and how to opt out or object, go to http://www.averytollsettlement.com/index.htm and read the Frequently Asked Questions.
Judge Ronald Bauer of Orange County Superior Court is scheduled to hold a hearing on whether to approve the settlement on Feb. 16, 2010.
Anyone who was assessed $1,000 in tolls and penalties, and paid some amount, is eligible for restitution.
OCTA and TCA have also agreed to waive $41 million, or 29 percent, of unpaid toll evasion penalties for class members who were assessed more than $1,000 in tolls and penalties during the applicable periods. OCTA will waive about $32 million in such penalties and TCA will waive about $9 million, the notice of settlement shows.
OCTA and the TCA also agreed to reduce penalties for future violations and change their procedures for collecting penalties, and to pay legal fees sought by plaintiffs’ attorneys.
In a proposed statement to be released when the settlement is approved, OCTA and TCA maintain that the procedures under which toll-violation penalties were assessed and enforced complied with applicable laws

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