Several drivers have sued a city on Long Island in federal court alleging their vehicles were seized without a hearing.
Daniel Guma of Long Beach is the lead plaintiff in a class action complaint filed by attorney Andrew Campanelli, of Merrick.
"I am suing just to feel the moral victory of the right of the people,” Guma told NBC New York.
Guma, a lifetime resident of the town, said he noticed a parking agent ticketing his car in October. It was 9 a.m. and alternate side parking kicked in. He went to move his car.
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"I pulled away like two feet, she comes running down the street, she grabs my window and says you’re not going anywhere," explained Guma. “I’m like what are you talking about, I got my ticket, goodbye!"
But that wasn’t all. Guma said the parking agent was waiting for someone to bring a boot, a device that would lock the wheel and make it impossible to drive. He was told he had several unpaid tickets for an expired inspection — even though he had a temporary inspection in the wind shield.
"She turns to the front of my car, stands in front of it, and says 'If you leave, you will be arrested,'" said Guma.
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Guma went directly to city hall to contest the tickets before a judge. Even though the judge sided with him and only charged him a $20 fine, Guma still wasn’t able to get the boot removed. He had to pay close to $400 dollars for the city to release the car.
“I thought everything in America and in life that you’re accused of, you have a day in court. According to them, I don’t get my day in court," he told News 4.
“The fact that they were giving him tickets for having no inspection even though it was in the window is one thing,” said attorney Andrew Campanelli. “The worst part is they deprive him of any opportunity to go before a judge to challenge the basis for the seizure.”
Campanelli has filed a class action federal lawsuit and says the court has granted the plaintiffs permission to move for certification of the class. He expects more than 300 people will be able to join the suit.
“They take your car without notice and say 'You’re going to pay us whatever amount we say you owe us or we will take your car to sell it or destroy it,'” the attorney said.
Campanelli has learned that each time the tow company tows a car, they pay the city $225, amounting to tens of thousands of dollars over a year’s time. He is also suing other municipalities like Freeport and Yonkers for the same policies.
Long Beach officials said in a statement that they "have not reimplemented scofflaw program."
The city of Yonkers declined to comment citing pending litigation. Freeport Village attorney Howard Colton said that "the Village does not comment on pending litigation," and that the Village has passed legislation which complies with all federal and state laws.
