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Turtle

Restrict access to paid mall parking lot based on parking purpose

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Hi there --

 

I work in a building in a city center, at a WeWork space. There is paid underground parking, which posts rates for hourly parking up to 24 hours. You can get 3 hours free, with validation. I am not a lessee, which my contract with WeWork is very clear about. The building management also does not consider me a "tenant" -- at least for all purposes -- because they won't extend to me the concession discount they offer to building tenants. 

 

I pay to park in the parking lot. Some days, I decide to buy something and get validated, based on how much it may or may not save me on parking.

 

The building has started giving out tickets to parkers, based on license-plate recognition to determine whether a particular car's driving pattern indicate parking for non-retail purposes. If they determine you're not parking there for retail, you're ticketed. They told me this is for all lessee, but when I said I am not a lessee, they said it applies to me anyway because I work in the building.

 

I can't figure out whether a private parking lot owner can post parking rates to the public, but then restrict which persons may not park -- notwithstanding payment of full rates. If they don't want this type of parking, not sure why they would offer full-day or longer length (6-8 hours, e.g.) parking rates. Also, there is no signage that says "anyone working in the building can't park here." They say that it is in the lease between WeWork and the building, but of course "the lease is confidential" so I can't look at it. Not sure a lease between two other entities would govern me, since it isn't in my own contract anywhere.

 

Kind of stuck. City says it is a civil matter because it's a private lot. But this seems very weird and arbitrary, and unforeseeable for PAYING parkers, to get tickets notwithstanding having paid. I get it for walk-off parking, but really - if you're paying full posted rates to get access to parking? I think they have just oversold monthly parking in the building and are short on space for retail guests, but I don't know how they can impose this restriction when they make their lot otherwise open to the public for paid parking.

 

Would love your comments.

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You are assuming folks on this site know what WeWork is and how it affects your relationship with the owner of the building where you do your work.  Does WeWork have a contract that forbids users of their services from parking in the lot?

 

BTW, why did you not tag the state where this is occurring?

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I'm not sure if it is important to your inquiry that we understand what "a WeWork space" is.  If it is, then you should explain it.

 

 

1 hour ago, Turtle said:

The building has started giving out tickets to parkers, based on license-plate recognition to determine whether a particular car's driving pattern indicate parking for non-retail purposes. If they determine you're not parking there for retail, you're ticketed.

 

I don't know what "ticketed" means in this context.  Private entities cannot give out tickets in the same way that the cops can ticket cars for being illegally parked.  Generally speaking, the only thing a private entity can do is have a car towed.

 

 

1 hour ago, Turtle said:

I can't figure out whether a private parking lot owner can post parking rates to the public, but then restrict which persons may not park -- notwithstanding payment of full rates.

 

That seems to be exactly what you described, so it should be obvious that the owner of the lot can do this.  Also, it's legal (unless your unidentified state has some rather unusual laws about this).

 

 

1 hour ago, Turtle said:

Kind of stuck. City says it is a civil matter because it's a private lot. But this seems very weird and arbitrary, and unforeseeable for PAYING parkers, to get tickets notwithstanding having paid.

 

Private property owners may legally do all sorts of "weird and arbitrary" things with their property.  If you don't like the situation, you can try and negotiate something with the lot owner or find somewhere else to park.

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