Slamming The Gate Shut on Photo Tickets

Recent proceedings have brought to light the fact that there is yet another class of people who have immunity to photo scam tickets – The Gated Community Dweller.

Realtors take note, if you haven’t already. In addition to curb appeal, the charming backyard with its lush greenery and sparkling blue oasis pool, your listing may have a feature you’ve ignored – protection from scamera ticket servers. “Think of the money you’ll save!” If anyone has already thought of this and put it on a listing, please share!

Process servers are complaining that gated communities are nearly impossible to serve because unless they find a way to sneak through the gate behind another car, the time wasted trying to get in is not cost effective. And if the neighborhood has a guard gate with hired security, you can just forget about it. But don’t think this is only about the rich folks. Many condo communities not only have gated drives, but gated entrances to hallways and common areas, which are very effective protection from the photo ticketing scam.

When you’re looking for a new place to live, think about what’s really important and will keep money in your pocket – protection from Redflex, ATS and their hired goons with extortion letters in hand. New tile, updated eat-in kitchens and split floorplans are nice, but those alone won’t get you the security and peace of mind that is really needed in the Valley of the Sun.

14 Responses to Slamming The Gate Shut on Photo Tickets

  1. Dr Jett says:

    That is way too painful for bikers to observe because it may bring up bad memories of previous accidents, but it is hilarious anyway. I would move into a gated community except they probably don’t have a garage for my bike and I haven’t seen any process servers on motorcycles yet.

  2. Defender2056 says:

    If these guys show up at a few of the Gate Communities in N.Scottsdale, they’ll be let in. Security can’t deny them access.

  3. iraq vet x 2 says:

    hey defender i have been watching your comments and would have to say by what ARS code say’s private security guards have to allow process servers in a gated community? i have noticed you place comments on here without law codes to back what you say.just because they let them in does not mean they have to by law

  4. James Howard says:

    I have a friend who lives in a gated community and the process server climbed over the fence to get in and serve her. I don’t think most of them go through that effort.

    I also wonder, what about those who live in some of the more remote parts of AZ. There are an awful lot of folks who live in part of Arizona that are hours from the nearest town, let alone a town with process service.

    • Yes, people in remote cities (esp without their own photo enforcement in place), as well as people who are out of state and tend to live somewhere that doesn’t already have a contract with that scamera vendor get an easy out.

  5. guttersn1pe says:

    I can only assume that a person’s unwelcome presence in a gated community (whether they climbed the wall or followed someone inside) is considered tresspassing. So in the event you do get served, I’m curious about the legal standing of serving you while breaking the law. Not that the local courts seem to care about that anyway.

  6. Process Server says:

    When I did process serving work, I hated gated communities, unless, of course, I had the gate code. 😉 When I was able to get in, I usually caught the residents by surprise, and was able to serve the notice of violation.

    Guards at gated communities cannot lawfully refuse entrance to a process server, but they can and certainly do let the home owners know who is coming to their door.

  7. iraq vet x 2 says:

    process server by what ARS code say’s private guards cannot lawfully refuse a process server?

  8. Process Server says:

    ARS 11-445 grants process authority to serve papers per rules of civil procedure established by the Arizona Supreme Court. Arizona Rules of Civil Procedure, 4(d), gives private process servers the same authority as a sheriff or sheriff’s deputy when serving process.

    If a process server is refused entry into a gated community by a private security guard, that process server can call the local law enforcement agency and have the private security guard cited for interfering with judicial process (ARS 13-2810, 2).

    I have a lot of experience dealing with private security guards and can generally talk my way into any gated community by showing my state issued license and showing a copy of the legal papers I have to serve. Most guards don’t want the hassle of dealing with PD.

  9. Process Server says:

    And I will add that most process servers don’t want the hassle of dealing with PD either. 😉

    Not too many process servers are as ornery I was when I was serving process, so if you live in gated community, you are generally safer from being served than someone who lives in a house on a public street.

    Apartments are also great places for refuge against process servers, especially apartments surrounded by gates protected by codes.

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