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407ETR Matters

How to Sell the Public on HOT Lanes

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BY TAMMY FLORES

The private sector has been lobbying our leaders to be their champions for HOT Lanes. The private sector wants politicians and bureaucrats to sell the public on this scheme by using their brand and main stream media to “get the message out”.

September 2015, Transport Futures held a forum on HOT Lanes. HOT Lanes were lumped in with other travel options like Uber, walking, cycling, public transit etc.… HOT Lanes were promoted as merely another option to travel.

John Howe, from Cole Engineering, recommended that political champions are needed to ensure that the new HOT Lanes are a success. The most shocking thing was that he directed our politicians, our leaders, to sell “we the people” on HOT Lanes. I am disturbed by this. Not only is the private sector telling our leaders what is best for “we the people”, they are telling our leaders how to sell us on a scheme we don’t want. Mr. Howe went on to say that HOT Lanes should be promoted in the context of larger issues related to electric/automated vehicles, fiscal disruption, changing personal mobility choices and democratization of road space.

“Democratizing” road space? I can see people refer to this scheme as gouging commuters, but democratizing road space? What a farce!

To democratize something means to make something democratic. If something is democratic it means it is of or for the people. How on earth is this scheme of or for the people? There isn’t anyone I know that believes 407 ETR is of or for the people. They don’t think HOT Lanes are either. The consensus is that it’s a cash grab for the private sector. People feel our leaders are being bought off and that is why they are promoting this scheme.

This scheme penalizes commuters that have to use their vehicles to get to work. There is absolutely nothing democratic about this scheme at all. It’s not even capitalism because a true free enterprise wouldn’t need our politicians to sell their product.

The more I see this traffic management option pushed as the preferred method to fund and manage new road infrastructure projects, the more I question what really is the Province’s policy goals to support such a scheme?

HOT Lanes use the same traffic management scheme as 407 ETR. Private interest controls our road space.

If we continue down this path, gone are the days of building and designing road infrastructure out of need. Now our road space will be looked at in terms of what will make the most money. That is a natural consequence of having the private sector control our road space.

Terri Hall, from TURF (Texans Uniting for Reform & Freedom a group of volunteers in Texas advocating against toll roads) most recently likened privatizing our water to privatizing roadways. This reminded me of Jodie Parmar’s efforts in 2012. He was the former Vice President, Corporate Development and Privatization Secretariat/Ontario that successfully led the $3.107 billion privatization of Highway 407. He wrote an article for the Toronto Caribbean Newspaper, September 26th, 2012 about being ignored when he brought proposals to senior public officials that could have saved the lives of seven Walkerton, Ontario residents.

As reported by The Globe and Mail’s John Ibbitson on December 20, 2000, “Had the Mike Harris government adopted a confidential report almost four years ago, there would be no Walkerton inquiry because seven people would not have died from contaminated water. To add irony to tragedy, the Ontario Tories are now actively considering a plan to solve the Walkerton mess that is virtually identical to the plan they rejected…In the spring of 1997, senior [prospective] advisers to the Ontario government presented a report to a committee of deputy ministers and political advisers that offered a troubling diagnosis of the state of Ontario’s waterworks. A copy of the report has been obtained by The Globe and Mail…”

Although no lives are at stake in the case of Highway 407, Jodie Parmar has been ignored again. He came forward on his own with potential solutions to 407 ETR issues and was blocked from securing a meeting with former Premier, Dalton McGuinty and the current Premier, Kathleen Wynne. Former Premier, Dalton McGuinty was quoted promising a meeting. It’s been five years since Mr. Parmar came forward with and no meeting ever happened.

Jodie Parmar’s advice to this administration regarding a way forward on 407 ETR matters is aided by the benefit of being, as described by Justice Drew Hudson in his July 10, 2004 Arbitration Decision, the “very senior employee of the Province who led and managed the process for privatization, the governing agreements and the legislation” and as described by Robert Benzie of the Toronto Star, the “architect of the $3.1 billion privatization of Hwy. 407”. My question is why does this administration refuse to meet with Mr. Parmar? What are they afraid of? They know he has the answers they don’t want?

A question asked at the most recent Provincial PC convention was, what can be done with 407 ETR? The answer was they didn’t know. Really?! You don’t know who you can turn to for the answer? And politicians wonder why people are disengaged.

Are you ready to have HOT Lanes shoved down your throat? It’s coming and unless you speak up, it will be too late.

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407ETR Matters

Diplomacy Doesn’t Work with 407 ETR

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BY TAMMY FLORES

We have heard many stories in the media whereby 407 ETR incorrectly billed people due to 407 ETR’s equipment failure. Double billing, not recording the entrance or exit and misread plates seem to be the main issues with 407 ETR’s equipment. Generally, if one of those stories hits the media, the company is very quick to save face, apologize for their mistakes and right their wrongs. But what happens when they try and charge the person the company claims actually owns the charges?

You have read about my case in the past few articles. The company refuses to prove any lawful charges occurred and feels entitled to thousands of dollars in fees and interest. No matter how much you protest that the company made mistakes and had many opportunities to make it right but didn’t, the company says you owe whatever they say you owe. That is not fair at all and I hope to find a lawyer to take these guys on once and for all.

Generally speaking, it’s a business decision whether or not to sue. It’s comes down to dollars and cents. What costs more, the bill or a legal defense? That’s why some issues should be a Class Action or you need to find a lawyer that will sue on contingency. When you are doing something that benefits the public, this is the fair way forward, but it’s difficult to find a lawyer that can handle the risks associated to this kind of a lawsuit.

In all my attempts over the years to resolve my issues with 407 ETR, the company kept giving me false information and tried to justify their behavior. They never accepted their mistakes. They never attempted to right their wrongs. They continue to keep me in Plate Denial in an effort to extort thousands of dollars that is not owed to them.

My most recent communications with 407 ETR’s internal Ombudsman’s office was short and sweet. They refused to answer any questions and just tried to brush this off like I was going to go away and just pay because they said so. Those who know me know that will never happen. This company will never receive another penny out of me… and not just because pennies don’t exist anymore. They won’t receive any money because I don’t owe them any money.

I have decided to move out of Province because I no longer want to live in a Province that prop’s up a company like this. I will then be able to own my own vehicles and put the shenanigans of this Province behind me. This is going to be my last article in the Toronto Caribbean Newspaper. I will be posting to the Stop 407 ETR’s Abuse of Power website from time to time, but this is the only way for me to win against this bully company. Thanks for reading all these years. I wish you all the best.

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407ETR Matters

407ETR Asks Us to Do Them a Favor

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BY TAMMY FLORES

In my last article, I spoke about how 407 ETR started to send out what the company is calling a “discretionary interest adjustment” http://407etrabuseofpower.com/index.php/407-etr-sends-out-a-discretionary-interest-adjustment/. In the article, I posted a forty minute call I had with one of the company’s customer service representatives.

Last week, I got a call from Kevin Sack. Kevin Sack is 407 ETR’s Vice President of Government Relations and Communications. He said he was calling to ask me to do something for the company. Although I remained silent in the conversation, in my mind I was saying, “are you freaking kidding me?” He wanted me to remove the phone conversation I had with the company’s customer service representative. I told him that if the company would treat me fairly I would, but because they still won’t deal with me, I am leaving it there and now I am releasing the phone call I had with Kevin Sack. https://youtu.be/RnPFDRyGyos

In North Carolina, they have a policy that addresses when toll bills should be mailed. GS 136-89.214 has been around since 2013, and the ninety day rule has been in place since then. It currently reads as follows: “If a motor vehicle travels on a Turnpike project that uses an open road tolling system and a toll for traveling on the project is not paid prior to travel or at the time of travel, the Authority must send a bill by first class mail to the registered owner of the motor vehicle or the person who had care, custody, and control of the vehicle as established under G.S. 136-89.212(b) for the amount of the unpaid toll. The Authority must send the bill within ninety days after the travel occurs, or within ninety days of receipt of a sworn affidavit submitted under G.S. 136-89.212(b) identifying the person who had care, custody, and control of the motor vehicle. If a bill is not sent within the required time, the Authority waives collection of the toll. The Authority must establish a billing period for unpaid open road tolls that is no shorter than fifteen days. A bill for a billing period must include all unpaid tolls incurred by the same person during the billing period.”

In other words, if their tolling authority doesn’t send a bill within ninety days, they waive all tolls. That seems fair to me, but 407 ETR doesn’t see it that way. They falsely believe they should be able to get thousands of dollars in interest and fees for their mistakes and when you tell them you aren’t paying for their mistakes, they place you in plate denial. You no longer can drive a vehicle. How is that fair?

Had the Province of Ontario developed a policy like North Carolina’s, it would have prevented the predatory practices 407 ETR has been accused of for so many years. My group would never have been necessary. While I do really believe Mr. Sack when he says the company has heard my concerns, I am puzzled as to why they don’t just treat me fairly. I know the company has heard me because I see the changes the company has made and while it’s a positive step forward, there’s still more work to be done. They still need to deal with me. But so far the company is burying their head in the sand. They think leaving me to languish in plate denial forever that someday I am just going to pay some fictitious bill. After all of these years you would think they would realize that I am not paying them anything and apologize for their mistakes. Not this company. They will never surrender and neither will I. We will be in a stalemate forever.

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407ETR Matters

407 ETR Sends Out a “Discretionary Interest Adjustment”

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BY TAMMY FLORES

I got home from work last week to open an invoice from 407 ETR for one of the three accounts the company opened in my name that showed the previous balance of $7,240.12 had been reduced by $5,610.40. The invoice gave no explanation why other than to say, that it was to “assist” me in settling my account. It’s called a “discretionary interest adjustment” and the company claims on the invoice that no further interest will be added.

So I called 407 ETR right away to see what it was all about. I was told in 2012 that there was nobody that could assist me in settling my account because I had exhausted 407 ETR’s dispute process. Fast forward to 2016 and now, after sixteen years of mismanaging my accounts, 407 ETR says they want to help me settle my accounts.

After a forty minute conversation with CSR Curtis, someone pointed out that this new provision was on their website. I soon realized that what was said on the invoice was not the true intent of the company.

“In 2016, 407 ETR introduced a discretionary interest suspension practice for delinquent account balances of qualifying customers. Specifically, on qualifying accounts, interest is no longer being charged on unpaid amounts invoiced more than five years ago. 407 ETR determines the eligibility criteria for interest suspension and may change the eligibility criteria at any time in its sole discretion. At any time, 407 ETR reserves the right to stop interest suspension and resume charging interest going forward on all amounts owing. Amounts which are eligible for interest suspension will not incur further interest charges, but will remain outstanding until paid in full and are subject to licence plate denial and all collection remedies available to 407 ETR. Any amounts not qualifying for interest suspension will continue to be charged interest. Any new usage or charges will also be subject to interest. 407 ETR payment allocation rules apply to all accounts, including accounts which benefit from interest suspension. Specifically, any payments will be applied against the oldest amounts owing until the balance is paid in full. https://new.407etr.com/en/help/general/faq-howbillswork/faq59.html

407 ETR is like a bully on the playground nobody likes. The company doesn’t say what qualifies for this “adjustment” but goes on to say that the eligibility can change at any time they want it to, even stopping the interest suspension and resume charging interest going forward on all amounts owing.

Here’s the forty minute call I had with them. It’s in Google Drive so you have to be logged into your Google account and use google player to hear the conversation. The conversation is very frustrating because they just keep saying you owe because it says so on the screen. https://drive.google.com/file/d/0B4Ev5DuapM5dRnVaNnYwREttYzg/view?ts=571a4157

CSR Curtis denies the company made any mistakes. He goes as far as to say he would be on my side 100% if he had the facts, but when I told him I could send him the facts, he didn’t want them because the company would accuse me of doctoring the invoices.

I showed him how I accused the company of doctoring invoices in a letter from 407 ETR’s very own Ombudsman. The letter said that the company didn’t doctor the invoices, but merely updated the account. Curtis said he didn’t believe me and didn’t have that particular letter… convenient eh? He went on to say that the company didn’t make any mistakes and I own all the mistakes. After sixteen years, they still cannot provide me with all the photographic evidence that tolls occurred, but I still somehow owe them money for undocumented tolls and cannot legally license a vehicle in the Province of Ontario.

CSR Curtis is an unbeliever. He does not believe what I had been saying about 407 ETR all these years. At minute mark 31:34 he actually said that if what I was telling him was true, they should be in jail. He’s right; they should be in jail for what they have done to me and so many other people.

While this new provision of a “discretionary interest adjustment” may appear to be that the company is learning from their mistakes and trying to play fair, when you look beneath the surface it’s the same old song, just put to a different tune. Will the Province ever do their job and act for what’s in the best interest of consumers? Don’t hold your breath waiting.

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