Indiana Toll Road (I-80/90) Violation — Notice and Plate-Reader Defense
The Indiana Toll Road Concession Company (ITRCC, currently operated by IFM Investors / ITR Concession Co.) issues 'unpaid toll' violations via license-plate readers. Under the ITRCC tariff and IC §8-15.5 (Indiana Toll Road statutes), the company must (1) mail the first notice to the registered owner within 90 days; (2) demonstrate the vehicle and plate captured were correctly identified; (3) prove the toll was due (no malfunction). Plate-reader misreads (e.g., 0/O, 1/I, B/8) are common and dispositive. The 'administrative fee' often dwarfs the toll itself — under Indiana common law, that fee is reviewable for unconscionability, and ITR has settled multiple class actions over excessive fees (see ITR settlement, 2021).
Legal basis
IC 8-15.5 (Indiana Toll Road); ITRCC Tariff §3 (toll dispute); IC 24-5-0.5 (Deceptive Consumer Sales Act)
Sample appeal wording
TO: ITR Concession Co. (Indiana Toll Road) Violation Processing Center P.O. Box [as listed], Granger, IN 46530 RE: Violation Notice [VIOLATION_NUMBER] — DISPUTE I dispute the above violation under IC §8-15.5 and the ITRCC tariff. The notice asserts my vehicle ([PLATE]) was at toll plaza [PLAZA] on [DATE]. I dispute on the following grounds (check all): ☐ Plate misread — image shows [DESCRIBE]; my actual plate is [PLATE]; registered to [STATE]. ☐ My vehicle was not at that location (alibi: [EVIDENCE]). ☐ I have an active EZ-Pass/I-Pass account ([ACCOUNT NUMBER]) that should have been charged. ☐ The 'administrative fee' of $[AMOUNT] is unconscionable under Indiana law and disproportionate to actual processing costs. I request dismissal or, alternatively, a hearing under the tariff. If denied, I reserve all rights under the Indiana Deceptive Consumer Sales Act. Signed, [FULL_NAME] Date: [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Indiana Code §8-15.5
- ITRCC Tariff
- ITR Class Action Settlement (2021)