Viral Windsor parking videos raise questions about wheel boots on private property

A Windsor parking lot owner was caught in viral videos booting vehicles, sparking questions if he is allowed to do so. CTV Windsor’s Sanjay Maru reports.

A Windsor property owner says viral videos showing wheel boots being placed on vehicles in his plaza parking lot are missing key context, while police say questions around private parking enforcement can depend on the specific circumstances of each case.

The videos, posted to a Facebook page called Spotted In Windsor, show a man placing wheel boots on vehicles in a parking lot on Wyandotte Street East.

The footage, captured in first-person view using smart glasses, shows drivers expressing disdain over the boots before being told they must pay to have them immediately unlocked.

In one video, a driver is told to pay $40 to have the boot released or deal with either a tow truck or police.

The videos have sparked widespread reaction online, with many commenters questioning whether a private operator has the authority to immobilize vehicles and demand money to release them.

Lot owner Mohamed Chams said the videos were filmed about two months ago and only recently resurfaced online.

Chams said the lot is private property and is meant for tenants and their customers only. He alleges the drivers shown in the videos were parking in the lot while visiting businesses outside the plaza.

“This is about the tenants. It’s not about charging or booting a vehicle,” Chams said.

“It’s more about protecting the tenants’ rights.”

According to Chams, parking has been a recurring issue at the property over the 18 years he has owned the lot.

He said the lot has signs posted and that he has tried several approaches over the years, including asking people to move their vehicles, using speakers to warn drivers, and calling for vehicles to be towed.

But Chams said towing and ticketing can take too long.

“Towing is a two-hour time frame,” Chams said, adding some drivers know they can park, leave the property, and return before a tow truck or parking officer arrives.

He said that delay is what led him to try wheel boots instead.

The fee was originally $40, Chams said, but was later increased to $125.

He said the change came after some drivers treated the $40 fee as a cheaper alternative to being towed. The higher fee quickly changed behaviour in the lot, he added.

“Within 24 hours of raising the fee, this parking lot was cleared,” he said.

In one of the videos, a driver can be heard saying he had only stepped away from the plaza for a few minutes.

But Chams said that is a common explanation from drivers who leave their vehicles in the lot.

“Everybody says I’m only going there for two minutes,” Chams said.

“Not one of them actually goes there for two minutes.”

He said the issue is not limited to people stopping briefly, alleging some drivers park in the lot long enough to visit nearby businesses.

“You’re in getting your haircut, you’re done. You’ve already sat at the restaurant next door, at the restaurant in the corner, had your dinner and gone,” Chams said.

Chams said he believed the booting process was still a less severe option than towing, which he said could cost drivers hundreds of dollars and several hours.

“I was actually thinking I was doing a kind gesture,” he said.

“You’re booted, but I had a rule. The rule is, the minute it’s paid, it’s unbooted.”

He said there were also instructions not to boot vehicles belonging to seniors who could not walk far, pregnant women, or people with strollers.

Chams said he connected with the man who placed the boots through social media after deciding he no longer wanted to personally confront drivers in the lot.

The man who placed the boots later posted a statement online saying he had been hired by the property owner.

CTV News reached out to that individual for an interview. After waiting about 20 minutes for him to arrive, CTV News received a text message from him saying he had been advised not to speak with media.

In the viral videos, police responses appear to vary.

In one clip, an officer appears to support the property owner’s position. In another, an officer tells the man placing the boot he has “zero authority” to do so.

Chams said he believes that specific comment fuelled much of the online backlash.

“I think people took the word of that officer ... and rode with it,” he said.

Chams said he has been facing death threats since the videos went viral and that some of the anger has unfairly spilled over onto his tenants.

“Now, my tenants are being penalized with some people boycotting them,” Chams said.

“They have nothing to do with this. It’s my job to protect them.”

Chams said he believes the issue falls into a “grey area” and wants the City of Windsor to clarify what private property owners can and cannot do when unauthorized vehicles are parked on their lots.

“I didn’t just wake up one morning and say, ‘Hey, let’s start going booting cars,’” he said.

“We went through all the process.”

The City of Windsor’s private property enforcement information says parking officers can attend private property at an owner’s request to ticket vehicles, as long as clear signage is posted.

The city says the signs must indicate the property is private, that unauthorized vehicles can be ticketed, tagged or subject to fines, and reference City of Windsor Parking Bylaw 9023.

The city also says it will not tow vehicles from private properties and that only penalty notices will be issued by parking enforcement if sign requirements are met.

Windsor’s parking bylaw states no person shall park or leave a vehicle on private property without the consent of the owner or occupant.

It also says a vehicle parked in violation of that section is not liable to a penalty or removal except upon a written complaint from the owner or occupant to a constable or provincial offences officer enforcing the bylaw.

The bylaw does not appear to specifically address private wheel boots.

Asked whether a private property owner can hire someone to place a boot on a vehicle and demand money for its removal, Windsor police did not provide a blanket answer.

“Whether an offence has occurred depends on the specific circumstance of each incident,” said Const. Bianca Jackson.

Jackson added some questions around property management and private parking enforcement may involve factors beyond police enforcement.

Police also confirmed that in April, officers issued a provincial offences notice to an individual who was placing boots on vehicles.

The charge was related to allegedly acting or holding oneself out as a security guard without the appropriate licence, according to police.

“Every business owner is going to have their own set of rules,” said Jackson.

“So that’s why it’s always better to check with the business before you park your vehicle.”

As for Chams, he is no longer using the booting process and is now looking at other ways to deal with unauthorized parking, including additional cameras and continued discussions with his lawyer.

But he maintains the original intent was to protect the businesses on his property.

“People need to really understand that Mohamed Chams didn’t go out there to target you,” he said, adding that his tenants’ lease agreements include access to protected parking spaces.

“I came here for one reason. You parked illegally and I have to answer to my tenants.”