How do I contest a parking ticket?
I received a parking ticket for violating a "no stopping" sign. This area is on a busy street. The curb is unpainted and the sign is vague. I parked behind the sign and no part of my car passed the sign. There are also several cars parked behind me but I am the only one who got a ticket. Past this no stopping sign is another no stopping sign. I assume that the area between the two is the area that is truly designated for no stopping. I have lived in this area for more than 10 years and have parked in the same spot during that time. Other cars have parked there as well. I have received a ticket for the exact same violation in the exact same spot last year but I was able to successfully contest it. This time they rejected my initial contestation. Please give me advice in the state of California. Thanks.
Update:No, the sign did not have an arrow. it looks like this: http://i.ebayimg.com/t/NO-STOPPING-ANYTIME-Metal-S...
Comments
In California, there are three levels of appeal for a parking citation.
Level 1 is the administrative review. This is where the issuing agency determines if you are liable for the ticket. Guess what? They almost always do unless there is undeniable, glaring error. And even then, they still find people at fault. You can expect to lose at this level. You were really lucky before.
Level 2 is an administrative hearing. At this level, your case is heard by a neutral third party, often an arbitrator. Winning at this level is possible if you have a compelling case. Still, overall unlikely, though. You have to pay your fine amount in advance of this hearing (unless you can prove you are indigent) but you get it back if you win. The hearing can be done by mail.
Level 3 is an appeal to Superior Court. This is actually a small clams case since parking citations are civil and not criminal matters. You have an almost certain chance of winning here because the issuing agency (city) needs to appeal and frequently does not. Its just not worth their time to. Unless you can prove financial hardship to the court, you pay an additional $35 to file the paperwork which you get back if you win.
If I were you, I would simply go through the steps on the level 2 appeal. The appeal can be done in writing, so you won't have to appear. You can simply write, "I deny liability for this citation." You could spend the time, but its probably not worth it. Then just take it to Small Claims Court where it will likely be dismissed.
Yes, if there were no arrows then it sounds like it will be a tough fight. You may ask a lawyer who fights tickets for an opinion.
I have created games to help drivers with parking issues. There is also some free information on my main web site that is just FYI.
Maybe the games will help your eye to spot the ticket traps that await motorists?
Free trial games are at:
http://foreverydrivereverywhere.com/siteGames/free...
All the best to you!
John
AKA Parking Ticket Terminator :-)
I'm sorry ... but that sign was not vague ... NO STOPPING ANY TIME. What part of that is vague? You can not stop your vehicle on that side of the road ... period!
You have no real basis to fight the ticket. The sign says no stopping, you stopped ... pay the man!
now did the no parking sigh have an arrow point to the left
something like this
http://www.signoutfitters.com/images/products/thum...
then you lose if it did
you are in the wrong