Consumer Services

Ask The Advocate

By Leonard Elias, Esq.
Miami-Dade Consumer Advocate

Consider this scenario:

Imagine yourself trying to find a parking space in a busy strip shopping mall and you can’t find any place to park. Instead, you park across the street at another business parking lot, thinking that nothing will happen when you’re gone for just a matter of minutes. However, when you return to your car, you find a mechanical device clamped on the front wheel, making it impossible to move your vehicle. This is known as vehicle immobilization, or more commonly referred to as “booting.” In order to have the boot removed, you have to pay a substantial fee to have the clamp removed from your car.

Is this legal?

Well, whether this practice is legal depends on whether the company complied with vehicle immobilization laws enforced by the Consumer Services Department.

Because parking is limited and can sometimes be very difficult, owners of private property, such as shopping malls and apartment complexes, have to make sure that their customers and tenants are accommodated. Customers and non-tenants sometimes park illegally to circumvent the inconvenience of waiting for a parking spot. Instead of requesting that your car be towed, some property owners choose to have your car immobilized to discourage you from parking illegally.

The following are helpful tips that can help you determine whether these booting companies are in compliance with the Miami-Dade County Code:

• Examine where your car was parked.
• The property must have signs at each exit indicating that the property is a restricted zone. In addition,  immediately after the vehicle is booted, a sticker with a completely removable adhesive must be affixed to the rearmost portion of the window adjacent to the driver's seat of such vehicle, containing a warning that any attempt to move the vehicle may result in damage to the vehicle, and stating the name and business address of the person who booted such vehicle as well as a business telephone number which will facilitate the dispatch of personnel responsible for removing the boot.
• Who requested to have your car booted?
• The property owner or his authorized agent shall provide express instruction to immobilize the vehicle and shall date and sign such instruction in the presence of the natural person who booted the vehicle.
• Research the booting company that immobilized your car.
• The company must be registered with the Consumer Services Department.
• How much were charged?

The cost to remove the boot cannot exceed $65.00 and booters must accept payment for charges from the vehicle owner or authorized representative in any of at least two (2) of the following listed categories:

• Cash, money order or valid traveler's check;
• Valid bank credit card; or
• Valid personal check showing on its face the name and address of the vehicle owner or authorized representative.

If you want to dispute a boot, call the Consumer Services Department Mediation Center at 305-375-3677.