E470 Express Toll & Linebarger Goggan Blair & Sampson, LLP Impossible to deal with Denver, Colorado

Im writing to add another disappointing experience with E470 and their appointed collection agency: Linebarger Goggan Blair & Sampson, LLC.

They seem to have a solid defensive wall where one basically has one of two options: 1) pay their assigned fees and fines 2) dont pay and face credit agency/collection issues and not being able to renew your license. 

I have not been able to discuss my circumstance and resolve my case.  Im out of state, and I can not reasonably return in-person to represent myself, and I assume that it is by design that their system isn't set up to settle any dispute over the phone.  They seem to want to make it as difficult as possible so that you just  pay $100's for them to go away rather than settle something reasonably. 

Below Ive copied and pasted a portion of my notice that they sent to one of several addresses Ive lived at in the last 18 months.  Luckilly a friend continued to live at that residence and brought the document to my attention.  My employment ended in May of 2010, and Ive moved several times since then seeking my next employment opportunity.  I received notice of late payments at a friend's address in June 2011, and that was the first time I became aware of the below charges and associated penalties. 

The strange thing is that I paid tolls that were forwarded to my current address in May 2011, and when I went online to pay them, there was no indication of past charges due.  Therefore I was surprised when in June, I received notice for charges that pre-dated those I had just paid for.  It was the first time I became aware of the prior tolls, and by that time, they had already assessed "Civil Penalties" to each individual toll. 

I dont have a problem paying the tolls.  What I was disappointed with was the $25 PER TOLL "Civil Penalty".  Not just one penalty per billing period, but one for each toll!  It changed $19 of tolls to $354!   When I called to explain, they told me I should have changed my mailing address, and that it's CO state law.  I lived in WY when I accrued the fees, and now Im living in TX until I figure out where Im going to work next.  They also said I should have set up an online account.  I wish I could go back in time and do that, but as I was out of state, I didnt intend to be a long-term user of E470.  Long story short, Im an honest person and would like to pay the tolls they have billed me as I could very well have accrued them, but the $25 "Civil Penalty" they have assigned for each individual toll is, in my mind, not fair.  Especially when I wasnt even aware of the tolls until the statement with the penalties already applied showed up. 

Im sure they would say fair has nothing to do with it; it's what they are legally entitled to.  Just because they have probably gone through great lengths to set up this "legal" system of fines doesnt make it right.  I did not blatantly ignore paying bills.  Ive paid those that I was aware of in a timely manner.  Somehow, on a few occasions, their statements didnt make it to me during my many moves, and when I first became aware of it, penalties were already assessed.  Now it seems like my choice is either to let the charges go unpaid or pay what I feel is not fair given my circumstance. Their staff will not discuss by phone or provide someone to discuss my case that would in any way serve to help resolve my dispute.  Regardless of my circumstance I was told essentially to pay the bill, nothing can be done, if you dont pay, the balance will go to a claim agency and you'll be flagged for not allowing the renewal of your driving license.    Below is a portion of the communication they sent me when I first became aware of outstanding tolls.  Note the $25 civil Penalty assessed for each toll!
___       _____    ______    ____

Your vehicle has been recorded for non-payment of the proper toll. This
photo is evidence of the alleged violation occurrence.
Su
vehiculo ha sido registrado por falta de pago del peaje apropiado.
Esta foto es la prueba de la presunta violacion occurrida.
Date/Time
Location Lane Toll Civil Penalty Other
License
Plate # xxxxxxx
2/xx/2010
12:xx:35 PM PLAZA D Lane 2 North $2.50 $25.00
1/xx/2011
6:xx:57 AM PLAZA A Lane 3 North $2.70 $25.00
3/xx/2011
3:xx:37 PM PLAZA D Lane 1 North $3.00 $25.00
3/xx/2011
4:xx:36 PM PLAZA E Lane 2 North $3.00 $25.00
3/xx/2011
7:xx:13 PM PLAZA A Lane 2 North $2.70 $25.00
3/xx/2011
9:xx:38 PM PLAZA A Lane 3 South $2.70 $25.00
3/xx/2011
6:xx:35 AM PLAZA E Lane 2 South $3.00 $25.00
3/xx/2011
6:xx:31 AM PLAZA D Lane 1 South $3.00 $25.00
3/xx/2011
8:xx:04 PM PLAZA A Lane 3 North $2.70 $25.00
3/xx/2011
1:xx:10 AM PLAZA A Lane 3 South $2.70 $25.00
3/xx/2011
8:xx:09 AM PLAZA D Lane 2 North $3.00 $25.00
3/xx/2011
8:xx:59 AM PLAZA E Lane 1 North $3.00 $25.00
Other
Fees Type
11/xx/2010
8:xx:41 PM LATEFEE $5.00
12/xx/2010
11:xx:19 AM COLLECTIONFEE $15.00
Total
$34.00
$300.00 $20.00



Please Read All Instructions Carefully Online
Payments: Go to www.expresstoll.com
and follow the online instructions. You must have the Notice of Toll Violation
(Notice) number, license plate number as it appears on your violation (no dashes or
spaces), and credit or debit card information to make a
payment online.
Payment by Mail (full payment only):
1)
Enclose a check, cashier's check, or money order payble to
EXpressToll for the full amount due, as shown on the Notice; and 2)
write the Notice number on your check, cashier's check or money order.
Instructions for Sold/Transferred Vehicles:
If the vehicle was sold/transferred or stolen at the time of violation
stated in this Notice, you may:
1)
Mail the Notice with required documentation to EXpressToll Service
Center, 22470 E. 6th Parkway, Suite 140, Aurora, CO 80018; or 2)
Fax the Notice and required documentation to 303-537-3404.
Dispute Documentation Required Sold/Transferred
Vehicle Certificate of Vehicle Title Transfer or Revocation of
Registration issued by the appropriate state agency or a
Court Order transferring ownership of the vehicle.
Stolen Plate or Vehicle A police Theft or Recovery Report identifying the
date of theft or recovery or an Insurance Policy (Theft) Payoff
report.
Failure to include the appropriate documentation may result in a Final Order
of Liability, as outlined below.
Instructions for EXpressToll Customers: An
EXpressToll customer may have received this Notice if your
transponder was not properly registered
or your vehicle information is not up-to-date. If you had an
EXpressToll account in good standing (at the time of the violation
stated in this Notice), the toll amount can be deducted from your account.
Please call 303-537-3470 and a Customer Service
Representative will assist you in updating your account information. Please have the
following information available when you call: 1)
complete name as it appears on your EXpressToll account and/or EXpressToll
account number, 2) transponder number (found on the bar
code label located on the transponder), and 3) all current license plate
numbers.
Failure to Respond to Notice: Failure to pay the total amount due within 30
days of issuance this notice will result in this notice
automatically constituting a complaint to appear for a hearing. Failure to file an
answer and request a hearing anytime after
issuance this notice and up to the date five days after this notice becomes a
complaint may be deemed an admission of liability
and a waiver of your right to a hearing. Furthermore, this may result in
a Hearing Officers Final Order of liability in default for
the total amount due plus an additional $20 Adjudication Fee being issued
against you.
Instructions to Request a Hearing:
C.R.S.
43-4-506.5 authorizes the E-470 Public Highway Authority to
adjudicate toll evasion violations administratively.
You have the right to request a hearing to contest
this violation by phone or mail. Please
note that the purpose of this hearing is solely
to determine whether or not a violation has occurred. The Hearing
Officer does not have the legal authority to negotiate, waive or
lessen the mandatory civil penalty amount, extend the mandatory payment period,
or grant a payment plan. There may be additional court costs
assessed to the full violation amount by the court if the Hearing Officer
finds you liable. Failure to satisfy any civil penalties and unpaid
tolls and/or Late Fee and, if applicable, Adjudication Fee after entry of a
Hearing Officers Final Order may result in the additional fees,
Colorado Department of Revenue preventing vehicle
registration and/or your account may be assigned to an outside
collection agency.
If you wish to contest the violation(s) and request a hearing, please
call 303-537-3470. Please have the following information available
when you call: 1) Notice number, 2) name, and 3) license plate number. You
may also formally request a hearing by mail. Please include
the Notice number, your name, and license plate number along with your
contact information including a valid phone number.
Please note that toll evasion may be deemed a theft of service. The
following are not legal defenses or mitigating factors under Colorado
law:
1) the Violation Notice was not sent sooner, 2) the driver did not
know they were on a toll road, or 3) someone else was driving the
vehicle.


By signing below, I, acknowledge that I am liable for the toll
violation(s) as the registered owner of the vehicle(s) with
the license plate number(s) listed on this civil penalty assessment
notice. By signing this acknowledgement, I agree to pay the amount