Virginia E-ZPass is threatening Court Action over $45 in Fees for $5 in (paid) Tolls.

BrianThePTA

New Member
Jurisdiction
Virginia
I'll try to be brief – I'm not from Northern VA, but I had to pick up my family from Washington Dulles Airport on 08/17/2017. I followed GPS and the flow of traffic both ways, passing through E-ZPass zones coming and going, as the chaotic traffic flow led me. In early September, I received an invoice stating that I owed $5 for the two unpaid tolls – $2.50 each – and $25 for "Administrative Costs". I called their customer service number, prepared to pay the tolls, and asked if the admin fee could be waived as a "one-time courtesy" (billing jargon). The representatives were unhelpful and led me to disputing the fee via email. I sent an email stating that I was prepared to pay the tolls and again asked about waiving the fee – 5x the cost of the "violation". I got an impersonal reply saying that I would get an answer from the disputes department soon. Almost two weeks later, nothing. I emailed again and got the same impersonal reply email. I ended up going online and submitting a payment for the $5. I never heard from the disputes department, and I assumed the issue was over (mid-September).


Just yesterday, I received a letter stating that I now owe $50 - $5 for the tolls, $20 for the first admin fee (they applied the payment to the fee – an old and dishonest trick), and $25 for a new admin fee (expensive letter, I guess.) In the letter, they state that "if administrative fees and tolls are not paid within 30 days of the issuance date of this notice, summonses may be issued and these violations are eligible to proceed to court." The letter then throws out "civil penalties" figures of $50 for the first offense, $100 for the second, $250 for the third, and $500 for the fourth, then adding in court costs and whatnot.


I guess my dilemma is not knowing if this gang would actually open a court case (or add me to a long docket of names) for the $50 and expect me to appear in court (on the other side of the state, no less), or just send the $50 to collections. I've heard that this company, and the Australian firm that owns them - Transurban, are particularly bloodthirsty, so I wouldn't be surprised if they took legal action and began adding exorbitant costs and fees before sending me to collections. If they only sent the $50, I won't care and won't pay out of principle – it would be Cease and Desist on the first call.


Is it worth it to fight, ignore? Do $50 in fees for $5 in tolls constitute "excessive fines" under the Eighth Amendment, considering that E-ZPass is acting as an extension of the VA government, and is thus bound by the constitution? Or, should I just pay and try to join the Class Action Suit against them I've read about?


Any advice would be greatly appreciated.
 
Cheaper to pay the fee and not use EZ Pass lanes if you don't have a pass.

Not only will this eventually go to collections but it will also likely prohibit you from registering your vehicle when it comes due. It will accumulate more fees the longer you wait.

The fees are a given for any citation. In my area even "fix it" tickets generate an administrative fee to get them signed off.

Pay the fee and take your gripe about fees to your state legislator.
 
Is it worth it to fight, ignore? Do $50 in fees for $5 in tolls constitute "excessive fines" under the Eighth Amendment, considering that E-ZPass is acting as an extension of the VA government, and is thus bound by the constitution? Or, should I just pay and try to join the Class Action Suit against them I've read about?


No one on the internet can advise you as to how you address a legal matter.

If you hire an attorney, you could speak with him or her.
 
Is it worth it to fight

No.


At your peril.

Do $50 in fees for $5 in tolls constitute "excessive fines" under the Eighth Amendment, considering that E-ZPass is acting as an extension of the VA government, and is thus bound by the constitution?

Baloney.

should I just pay

Yes.

and try to join the Class Action Suit against them I've read about?

Yeah, do that little thing. If the class action is successful you'll probably get $2 while the lawyers get all the money.
 
30 seconds spent pn Google showed me that the class actin suit referred to above was actually settled nearly two years ago. As a result of that settlement the company doubled the time that is allowed before late fees are assessed from five days to ten days.
 
I'll try to be brief – I'm not from Northern VA, but I had to pick up my family from Washington Dulles Airport on 08/17/2017. I followed GPS and the flow of traffic both ways, passing through E-ZPass zones coming and going, as the chaotic traffic flow led me.

No, as you led yourself. It's called not paying attention to clearly posted signs.

If I was you I'd just pay what is owed now - it's only going to get worse and worse.
 
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