I received a Notice of Toll-Evasion on August 21 (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), 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.
Today (August 30) 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?
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