- Report: #935078
Complaint Review: South Bay Expressway - San Diego California
Reported By:
ytor -
San Diego, California, United States of America
Submitted:
Updated:
-
Author Not Confirmed
Why?
South Bay Expressway
1129 La Media Road San Diego, 92154 California, United States of America
Phone:
Web:
www.sbxthe125.com
Categories:
Business Rating:
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South Bay Expressway South Bay Expressway Does it Again! A physically impossible toll-evasion San Diego, California
I received a Notice of Toll-Evasion on August 21, 2012 (Citation Number: C117877502), more than a month after I sold the car cited. Although I have never driven on this road (I live in North County and work in La Jolla), I decided to follow the procedures listed in their letter. I therefore wrote to South Bay Expressway and filled the Affidavit of Non-Liability.
I enclosed a copy of the DMVs form Notice of Transfer and Release (showing the car was sold on June 27, 2012), as well as a copy of the signed title that was given to the new owner (which also shows the same date). To remove any doubt (assuming the DMV is yet to update its records), I even enclosed copies of my before and after AAA car insurance showing the car was removed from my insurance on June 28, 2012.
Today (August 30, 2012) I got a letter stating: Your request for dismissal did not meet California Vehicle Code Requirements and has been denied. They indicate that to contest this, one needs to first pay and then request a hearing, and If an hearing officer rules in your favor, you will receive a refund in four to six weeks. This is obviously rather ridiculous and start to smell like a real rippoff.
Does South Bay Expressway have the legal authority to act and threaten as they do? What else can one do but show the proper documents? Are we all guilty until proven innocent? I thought in America one is innocent until proven guilty (and beyond a doubt!) My guess they deny all appeals with the hope that we give up and pay the penalty; a tactic that probably works some of the time as this situation is, of course, upsetting and takes disproportional amount of time to handle. Why should I pay first to get a hearing while they made 4-6 weeks of interest on my money? This all sounds bluntly illegal to me.
Is there any way to organize against the practices of South Bay Expressway? I have seen comments regarding a Class Action Lawsuit. Has one been filled?
I enclosed a copy of the DMVs form Notice of Transfer and Release (showing the car was sold on June 27, 2012), as well as a copy of the signed title that was given to the new owner (which also shows the same date). To remove any doubt (assuming the DMV is yet to update its records), I even enclosed copies of my before and after AAA car insurance showing the car was removed from my insurance on June 28, 2012.
Today (August 30, 2012) I got a letter stating: Your request for dismissal did not meet California Vehicle Code Requirements and has been denied. They indicate that to contest this, one needs to first pay and then request a hearing, and If an hearing officer rules in your favor, you will receive a refund in four to six weeks. This is obviously rather ridiculous and start to smell like a real rippoff.
Does South Bay Expressway have the legal authority to act and threaten as they do? What else can one do but show the proper documents? Are we all guilty until proven innocent? I thought in America one is innocent until proven guilty (and beyond a doubt!) My guess they deny all appeals with the hope that we give up and pay the penalty; a tactic that probably works some of the time as this situation is, of course, upsetting and takes disproportional amount of time to handle. Why should I pay first to get a hearing while they made 4-6 weeks of interest on my money? This all sounds bluntly illegal to me.
Is there any way to organize against the practices of South Bay Expressway? I have seen comments regarding a Class Action Lawsuit. Has one been filled?
2 Updates & Rebuttals
Mike
LAKESIDE,California,
U.S.A.
"happy to assist"
#2Consumer Suggestion
Tue, September 11, 2012
Yeh, right. happy to assist once they exposed.
I wonder how many other persons just pay up and are screwed over?
South Bay Expressway
San Diego,California,
USA
We're happy to assist you with your violation ...
#3UPDATE Employee
Thu, September 06, 2012
Hello ytor:
We apologize that you are having trouble with a violation on a vehicle that you sold. Thank you for including the citation number in your post we were able to look up your situation and research it quickly.
We reviewed again the paperwork you provided. We rely on the DMV to provide us with the registered owner information and it seems that you took the action any responsible vehicle owner would by keeping copies, providing insurance records and maintaining the information of the person you sold the vehicle to. The copy of the title you provided is missing the signature of the buyer which is why your dispute was rejected. It is possible that the DMV may not have recorded the sale if you provided them with an incomplete Notice of Transfer and Release of Liability especially if the new owner has yet to register the car. We legally cannot hold the new owner responsible unless we have the properly signed Bill of Sale and/or the information is updated in with the DMV.
Please submit a copy of your Transfer with both signatures and wed be happy to assign this violation to the person you sold the vehicle to. In addition, we recommend you reach out to the DMV to make sure your liability is removed from the vehicle since the new owner has not submitted required paperwork or registered the car in their name according to DMV record.
In order to expedite the process, you can e-mail the documents to us directly at [email protected].
We look forward to assisting you with a resolution on this matter.
