Complaint Review: Philadelphia Parking Authority

COMPLAINT

Preliminary Statement

Plaintiff Robert L. Stephens brings this action to recover damages for the deprivation of his constitutional rights caused by Class Warfare profiling and treatment by the:

Philadelphia Traffic Court

Philadelphia Parking Authority

Commonwealth of Pennsylvania

The Bureau of Administrative Adjudication

On August 8, 2009 on 52nd and Larchwood, Philadelphia, PA 19143, my car was pulled over by the police.  At the time my son Alexander Stephens was driving the vehicle.   Because the vehicle lacked valid registration, the officers started the implementation of their version of the Philadelphia Police Department Live Stop Policy Impoundment Procedures.  

Section A (4) States the operator and occupants will not be left at the location and that the police department will either transport them to their residence or another address within reasonable distance.

The Officers version of this policy was to leave my son strained in what the police   called a Hostile Area.

Section A (8) States if an authorized tow truck does not arrive within thirty (30) minutes the Officer will issues the citation, and terminate the stop.

            My son was held for well over an hour.

In both instances the Officers failed to follow appropriate procedures.  The Officers held my son for over an hour and took a $ 22,000.00 vehicle for $150.00 fine.  The Officers denied him assistance in making arrangements.  They then left him in what they call a Hostile Area over  thirty-five (35 ) miles from home with no access to public transportation available to Limerick PA.  They told him to catch a bus, which route would only take him further away from home.

.

A confiscation under the circumstances presented here consists of a penalty for an offense, which far out weights the offense itself. The action constituted Cruel and Unusual Punishment.

Because the stop happened on a Saturday, and since Traffic Court was closed on Sunday, I had no alternative but to wait until Monday August 10, 2009 to try to retrieve my car.  In this process I first went to The Philadelphia Traffic Court located on 800 Spring Garden, Philadelphia, PA. 19123 here I was sent to several windows and eventually went before a judge. 

Once in front of the judge my registration was submitted to the court. I was then required to post bail on the tickets, which were issued because of the Live Stop.  I then went to another window and paid the bail.  At this time my car was cleared of having any other violation.           

According to Chapter 13:

No person shall be convicted of violating 1301 (driving unregistered vehicle) if the person produces at the office of the issuing authority or at the office of the arresting police officer within five  (5) days of the violation, a registration valid in this Commonwealth at the time of the arrest. 

Furthermore, according to the guidelines of the Philadelphia Traffic Court Citations alleging violation of the Statutes below will cancel if the required proof is presented within five (5) days of issuance of the citation: 

1301    Registration and certification of title required

                                  1311   - Registration card to be signed and exhibited on demand

If all underlying offenses which lead to the tow were won in court the cost of the tow and storage fee should be eliminated.   This in accordance with Part IV of Title 42. 

 In any case of prosecution under the provisions of this Title in which the defender is found not guilty or any reason costs are not recovered from defendant, all costs of prosecution be paid as provided by Part IV of Title 42 relating to financial matters.

This whole matter was supposed to have been handle administratively as is done other more influent areas in the state this treatment was a matter of class warfare and a violation of the 14^th   Amendment.

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

On the same day, I was then sent to another window.  Here I suppose to pay for the tow and get my car back.  Now Added to the cost of the tow was a twenty-two percent Storage Tax.  The Commonwealth establishes the maximum amount that can be charge for a tow. 

This tax is used to override that amount and inflict a more excessive charge for the tow.  The tow cost was designed by state to cover the cost of the tow not as an avenue for the city to raise revenue.     There are Property Taxes, Sales Taxes, Wage Taxes and Inheritances Taxes.  All of these taxes are connected with ones wealth what a person gains or uses.  This storage tax puts an even greater burden on those who do not have the means to pay it.  If you do not have the money within fifteen (15)   days they will sell your car. 

This tax on storage, gives the police unauthorized authority to pick and choose whom they will put the burden on.   Unfortunately the victims are mainly young Black and Hispanic males.   This is only practiced in the poorer communities of the state.   To impose twenty-two ( 22 ) percent tax on storage is illegal and it denies a person of their constitutional rights.

Next I was given a list of tickets dating back twenty-one (21) years. This is when they tried to steal my car.   These tickets totaled over $ 700.00.  All of the citations except one were for parking. The only parking ticket I remembered was dated on a day I was parked too long at a meter. 

I remember this day because it happened on the day that I went Parking Authority to clear up any outstanding fines I had in Philadelphia because I had moved to Limerick, PA.

 Although this ticket was paid it was listed along with the others.  Also, none of the tickets that were presented were connected to the vehicle or license plate, which had been confiscated and several of the citations belonged to someone else. 

             Parking tickets are considered Civil Matters.  All of the tickets with the exception of one were Civil Offenses that had past the Statue of Limitation.   According to  5524 Two-year Limitation the following actions and proceedings must be commenced within two years:  

                               (5) An action upon a statute for a civil penalty or forfeiture.  

The confiscation consisted of a Civil Action brought on behalf of the State by the Philadelphia Parking Authority.  This is not a criminal case brought on by a

Criminal Defendant, rather, it is a civil action brought against a certain property that the Parking Authority alleges was used in an unlawful manner. Under the confiscation law the car had to be involved in an illegal act to be held.  When the registration was produced and the bail was posted and the vehicle was cleared of any other charges the vehicle should have been released.

The confiscation of my car was to seize property for the public treasury.  To confiscate a   $22, 000.00 cars and put an individual out of work for $ 150.00 ticket consists of cruel an unusual punishment.  It also, constitutes and unreasonable seizure.

The Legislative History of Public Law No 95-633 is contained in 1978 US Code congress and administrative news p 9496, in a joint Explanatory Statement contained on page 9522, congress admitted the due to the penal nature of civil forfeiture statues, it intended for forfeiture to apply only where substantial connections could be shown between the property and the criminal activity. 

When my car was cleared it should have been immediately let go.  To improperly use forfeiture, can be equated to using loaded dice to cheat unknowing victims. The action employed consisted of an illegal means to raise revenue.  To hold my car ransom was an act of extortion.  

It goes back to Class Warfare since all the tickets were older than the car.  The car should not have been held.    Now in order to get my car back I had to go to the Bureau of Administrative Adjudication (BAA) 913 Filbert Street Philadelphia, PA 19107.

Even before I went into the hearing room I was told, that if I spoke, or if I attempted to say that the tickets were not mine that they would not give me my car and that in (15) fifteen days the vehicle would be sold.  Added to this I had a witness with me who could verify that some of the tickets were his. 

 The BAA then forced me to sign an agreement to pay for tickets, which did not belong to my vehicle or me.   They reinforced the fact that my vehicle would not be returned if I didnt sign the agreement.  The agreement I was forced to sign was an illegal agreement.  It was signing an agreement that stated the tickets were mine and that I would pay for them.  Furthermore, all of the tickets in question had past the Statue of Limitation for civil fines penalties and forfeiters. 

The BAA actions constituted an act of fraud.  They used my vehicle to force me to be a participant in that fraud and obstruction of justice.  In accordance with Chapter 12-28000 of Title 12 of the Philadelphia Traffic Code, I have certain rights:

Statement 3 - that during the hearing I would be given the opportunity to protest the fine penalty or both.

 I was told if I spoke I would not get my car back. 

Statement 4 - the original or any true copy of the tickets containing all material information required by 12-2804 of the Philadelphia code is prima facie evidence that the violation occurred.

            I did not know about the tickets until the day of the hearing.

The Constitution States:  No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

It also states, Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.

The BAA used blackmail; extortion,  fraud and the kidnapping of my vehicle to force me to agree to pay for tickets, which had past the statue of limitation, tickets that were paid for or tickets that were not connected to me or my vehicle.  In order to do this they held my car hostage and went back twenty one (21) years to try and justify their actions.    This is a common tactic that is used against the less formulate (victims who can not afford can not get and attorney)   and less educated in Pennsylvania.

In an attempt to correct the situation surrounding the tickets I made several appeals to the BAA and the Philadelphia Traffic Court.  I followed the appeal procedures and went to the Office on more than one occasion.   Since the hearing in which the threats and extortion took place were recorded. I requested transcripts of the hearing. 

The response to my request for appeal continued to be that the tickets were too old to be heard. The BAA stated the tapes could not be released because of confidentiality.  After several requests this story later changed. I was told I could request the tapes.  However with this came a refusal to provide the procedure.  The BAA also, gave a flat out refusal on how to appeal to a higher court. 

When I went to Common Plea Court, I was advised that I needed documentation from the BBA that the case was heard and that the verdict was not in my favor.  The BAA refused to provide this paper work.  When I returned to the Court of Common Plea they advised me that I would have to get a lawyer and file suit against BAA.  They also stated; that this was a Common practice with the BAA.

Again, a case of class war if you pay for tow and storage, they add taxes, if you manage to pay the taxes they go back twenty years to see if anyone, with profile similar to yours owes them money.  Now they force you to pay for that. 

Then they tell you to shut up or we will keep you car.  Next there is a refusal to let you appeal what is owed stating that it is past the statues of limitation.     However, when you talk with the PPA they tell you there is no statue of limitation civil fines and penalties.

 All this is done believing that you do not have means to pay for an attorney or the education needed to fight governmental extortion.  .  This practice permits the PPA with the States and the Court of Common Pleas approval to sell cars that might be connected with tickets that have past the Statue of Limitation.

Surrounding this matter the BAA Director Clorise Wynn had no problem in responding to my written communication as if she were responding to a two year old. She then took the matter a step further, she had a collection agency make calls to a family member who does not drive and has never driven a car.   Again this is a method of punishing individuals who do not have the means to fight unfair treatment

Added to this  the process is degrading and dehumanizing.   At the Philadelphia Traffic Court you are told be there one half hour early. At that time there is a line outside which extents around the corner.  You have to stand there until they open.  When they do open, you must go through a search as if you were a criminal.  Then instead of going to the window paying the fine and getting your car back, you have to go from window to window until you can figure out what the procedure is. 

Please keep in mind that each window has a line you must wait in.  Eventually, you are told you will see a judge.    Two issues that bare a need for attention:

1) You are not told that you have to see a judge if one comes in improperly dressed according to the Traffic Court staff they are sent home.

2) You are told be there one half hour early 8:00 am. They do not open until 8:30.   However the judge does not come  in to 10:00 am

You must stand and wait regardless of your health condition.  Again this dehumanizing method is geared toward those on a lower socio - Economic level   It shows the less fortunate in the state are denied their constitutional rights of equal treatment under the law.

 At the BBA there are   No Public Restrooms.   You are told to go to the Greyhound Bus Terminal.  If your name is called while you are  there you will not be serviced.  The BAA serves hundreds of people daily and there is a long waiting period before ones name is called.  A public building in which long waits are required should have a public restroom.  But since this building does not a public restroom a person should not be penalized because nature called.  Furthermore, in higher income counties of the State every Court House has public restrooms.  This

Is simply another way the State permits the dehumanization of its less fortunate citizens.

At the BAA no one explains what is going on and the staff is extremely rude.  That is unless you are fortunate to have a lawyer.  When this is the case you are treated with respect and seen right away.    Everyone is not fortunate enough to have a college degree or have the ability to pay for a lawyer. 

You are told you must appear in court; however they will not give you the date of the hearing.  One must learn to navigate the system to find out when and where to appear.  This takes the humiliating process of dealing with people in all offices concerned talking to you as if you were less than human.