How can I fight a fine from EZPass MD?

Question

To make a long story short, I went through tolls for a week without realizing my account was depleted. The buzzer went off on the Southbound trip, but never went off on the Northbound trip. I had been told by the EZpass lady that if my account was empty the buzz would sound, my account would simply be billed & I would pay it. Unfortunately she was wrong. For each trip I was billed the toll, plus a $13 fee. I now owe $184 in fines. I appealed and asked for mercy since it was an innocent mistake. They denied it and are making me pay up. I've sent in the tolls I owed them, but not money for the fines. For less than 10 trips through the tunnel I have to pay $184?! Its not like I ran the tollbooth w/out a EZpass. Why isn't this handled in court like an MTA ticket. EZpass shouldn't be allowed to impose fines without any oversight. I want a judge to hear my case like you can do with a meter violation? How can they get around this, and do I have any options. Save your scoldings.

Answer 1

***The following does not constitute legal advice. Please consult an attorney***

Unfortunately, an E-ZPass violation is more like overdrawing your account than receiving a parking ticket. The terms and conditions of the use of the E-ZPass are governed by the terms and conditions you implicitly agreed to when you began using the pass. The terms and conditions can be found at http://www.ezpassmd.com/static/terms/individual_terms.pdf.

It can be analogized to a checking account. When you go to the gas station and pay for gas on a debit card, you could pump more gas than you can afford. The result would be that the account would be charged and you would have a negative balance, resulting in overdraft fees. You still have to pay for the gas, but the gas station does not really care where the money comes from, so long as they get paid. E-ZPass works on the same principle. The State does not care how you pay it, it only cares that someone pays it the amount due. I am guessing that E-ZPass basically fronts the State the money, getting reimbursed when it debits your E-ZPass account. If you do not have sufficient funds you "overdraw" and are charged the fee. As such, E-ZPass is simply an alternative method of toll payment, much like swiping a debit card is an alternative method for paying for gasoline.

This is not what you want to hear though--you want to know how you can fight this. You would have to challenge the "terms and conditions" found at the website I listed above. An attorney could tell you the various legal theories you could use to attack the agreement (and the "administrative fee" provided for therein). An attorney also could evaluate your chances at success, and whether it would be wise to retain (and pay) an attorney to dispute $184.

Answer 2

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Answer 3

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RE:
How can I fight a fine from EZPass MD?
To make a long story short, I went through tolls for a week without realizing my account was depleted. The buzzer went off on the Southbound trip, but never went off on the Northbound trip. I had been told by the EZpass lady that if my account was empty the buzz would sound, my account would...

Answer 4

Ez Pass Md

Answer 5

Outrageous government extortion, I used the ICC without ez pass and they didn't send me bills, ...then finally sent me a bill including 100 in fines. They then said the dispute time is over, because I didn't dispute it in time (dispute a bill I never received). Further they said that they would not send proof that they mailed me a bill. This is essentially dictatorship and systematic extortion. It's not worth the time fighting it and they have your registration if you won't pay so just pay the thugs. They do not have to prove anything, just bill you and you pay or else. no more free country, our rights are out the window.

Answer 6

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