Couple records argument with parking employee after their car is booted

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    ATLANTA, Ga. (WANF) — Colleen Gomez and her husband parked in a downtown Atlanta lot to see a concert at State Farm Arena. But when they returned to their car in the private lot on Marietta Street in which they parked, an Empire Parking Services (EPS) employee booted their car.

The couple tried to get an explanation from the employee and provided proof that their parking time had not expired. They recorded the incident on their cellphone.

“It doesn’t make sense why we got booted,” Colleen Gomez said. “It doesn’t make sense. There’s no reason; nothing was marked.”

“I don’t know what to tell you about that,” the EPS worker said. “I can only go by what they say.”

The couple remained calm and asked the employee to call his manager again, but the employee refused.

Atlanta’s city booting ordinance requires booting companies to maintain or provide access to a 24-hour-a-day, 365-days-per-year phone number that a live operator staffs to communicate with the vehicle’s driver.

The couple never spoke to anyone but decided to call police.

“Let’s say we do call the police, and he says because we are legally parked here,” Gomez said. “Will you take it off?”

“Well, when he comes here, he’s going to tell you it’s a civil matter,” the booter said. “He will not tell me to take the boot off because it’s private property.”

An officer confirmed that it was a civil matter. However, Atlanta’s city booting ordinance does provide the owner with certain rights.

The operator of any booting company shall not immobilize a car and shall not charge a fee if the driver returns before the installation of the boot is complete.

The city ordinance also requires employees to arrive on site within one hour of being contacted by the owner and 45 minutes between 10 pm and 5 am.

The couple paid the fee with a credit card and contacted Atlanta News First Investigates. The following day, EPS apologized to Gomez.

“It seems there was a miscommunication between our technician and the property manager,” it said. “We have discovered that the vehicle should not have been booted, and we are refunding the $75 back to the card … on file. Sorry for any inconvenience.”

Takeaways Park in parking decks that require pre-payment or payment at the exit gate to avoid booting disputes. Consider avoiding any paid lot with signage that authorizes booting. Take a video of the incident and submit a dispute claim with the credit card company if there is proof that the owner was legally parked. If the booting employee does not arrive within the required time frame after your call, contact the police and file a report. The booting company may receive a citation, which can be used to dispute the fee.

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