A resident of Quebec will be able to bring a class action against the cities of Montreal and Quebec, because of the parking meters which “crush” the remaining time when a user puts money back there.
“Would it be possible for Stationnement de Montréal and Québec to allow accumulation during a transaction made at the terminal? If so, why don’t they do it? Asked Judge Éric Hardy, authorizing the request for class action to go forward Wednesday at the courthouse in Quebec.
At the head of the appeal is Catherine Bergeron-Duchesne, a resident of Quebec who regularly uses the City’s parking meters. However, in these parking meters, it is impossible to keep the remaining time of the person who released the parking space.
Lack of information
And in Montreal, the P $ Mobile Service application does not allow you to accumulate time every time you put money into it. Thus, if 10 minutes remain in the parking right and a user decides to add an additional hour, he will have paid twice for the remaining 10 minutes.
“Montreal does not inform its customers, can we read in the judgment. As in Quebec, users are not informed if there is still time to run for a parking space that has become available. “
Before the implementation of this system, it was possible to accumulate time in the terminals of the two cities.
Faced with this situation, the woman decided to file a civil lawsuit, on behalf of all those who have lost money using these parking meters.
“Is this abusive? Do municipal regulations allow it? It is basically that the Tribunal will decide after hearing the evidence, ”said the judge, thus dismissing both Montreal and Quebec, who were trying to prevent the woman from going further in the proceedings.
The two cities had, among other things, pleaded that the class action was not the right procedure, explaining that the Law on municipal taxation gives it the power to charge parking meters, or that the alleged facts did not justify the request of the wife. But in vain, since the cause, judged not frivolous, will be able to go ahead.
Mme Bergeron-Duchesne is claiming reimbursement for all sums paid in duplicate, as well as a lump sum to be determined as punitive damages.
However, it would be surprising if the case was heard on its merits in the short term, given the complexity of the class action files. For now, people who feel they have been wronged do not yet need to come forward.