An accountant's five-year crusade against UBC parking enforcement has led to a B.C. Supreme Court decision that the school cannot levy fines.
Mr. Justice Richard Goepel ruled in a class action suit that the University of British Columbia does not have the authority to fine people who park illegally or tow vehicles. The university has collected an estimated $4-million in fines since 1990, although how much the university will be ordered to repay has not been determined.
“I'm feeling ecstatic,” said Daniel Barbour, the representative plaintiff. “It's a very good result after a very long time.”
In March, 2004, Mr. Barbour parked his car legally at UBC to visit the campus dental clinic. University parking enforcement officials ordered it towed away in a bid to recover outstanding fines for previous parking violations.
The action led to an ugly altercation with the tow-truck driver, and Mr. Barbour was charged with assault.
“He hit me twice in the face with his fist, and I ended up striking him back,” Mr. Barbour said.
While a judge later acquitted Mr. Barbour, he decided to launch a class action suit to recover the money that people had paid to UBC in parking fines over the years.
“I don't like bullies,” said Mr. Barbour. “Both the tow truck and UBC were potentially bullies in the way they conducted themselves with me.”
UBC public relations spokesman Scott Macrae said UBC plans to appeal the decision, saying it hampers the school's ability to crack down on parking abusers. The judgment means the only action UBC can take in response to illegal parking on campus is towing.
“What we dispute is the judgment which says we cannot charge a fine for someone who abuses the regulation,” said Mr. Macrae, adding that the money is used strictly for parking enforcement expenses. “We'd rather have the ability to fine and not go to the last resort [of towing].”
Regardless, Mr. Barbour's David v. Goliath story has sparked enthusiasm from complete strangers with their own tales of parking woes.
“Everybody has a UBC parking story,” he said. “It's an aberration, it's harm they're doing to their own students and staff.”
