Parking Ticket

Live forum: http://forum.freeipodguide.com/viewtopic.php?t=77688

Gigante

29-10-2008 22:40:58

Anyone ever have any luck fighting a parking ticket?

Two weeks I was in my car picking up a friend from her apartment. I was half against the curb, and sticking halfway into the driveway of her apartment. The driveway is large so people could still go in and out (2 did so while I was there for the three mins). As I was there idling a ticket cop stops behind me very briefly, then keeps going. I figure he saw I was in the car since he didn't stop and say anything or give me a ticket. Two weeks later I receive a ticket for "no parking at red curb" for that address, date and time. There is definitely no red curb there, it's normal curbing. How could I fight this ridiculous ticket? I was thinking taking a picture of the curb there to show it's not red since they put the address of where the ticket was given.
Any other ideas/experience? It's a $50 ticket, is it a waste of time even trying?

ilanbg

29-10-2008 22:51:35

Put off the court date, and then put it off again. After like three months it is probably really unlikely that the cop shows up, and you're off the hook.

doylnea

30-10-2008 07:20:48

I'd guess that 50% of the parking tickets that I thought were improperly written and that I've protested have been overturned. If you have 10 minutes, a place to print photos, and time to write a letter, it's worth the $0.42 to send in a protest/appeal. Worst case they deny you two months later and you pay the original fine.
And ilanbg
[quote9736f60968="doylnea"]A police officer doesn't have to appear in court - it's a common fallacy that the officer who wrote the ticket has to appear. Any other officer, or representative of the police can serve as proxy for the officer who wrote the ticket.[/quote9736f60968]

ilanbg

30-10-2008 08:51:21

I'm sure you're right but if no one shows up, then the ticket is overturned.

It probably depends on the area you live in—in a city another representative might show up; in my small hometown my friends and I used this technique a bunch of times with success.

Admin

30-10-2008 09:27:29

i've heard ticket fighting advocates cite police no-show rates as high as 50% in some areas. you typically have a decent chance of having it thrown out just by setting a court date. i think that abusing continuances is a little unethical but i guess i'd let it slide

edit if you're going to move to continue a bunch of times, be careful the judge might get sick of it and set you a date he WONT change which conflicts with something you're doing.

doylnea

30-10-2008 11:00:04

^ that typically applies to moving violations, I believe.

sandra habina

30-10-2008 23:38:56

I would definitely take pictures of curb and address and explain. It does not hurt to try. Worst scenario - you pay the ticket. Good Luck.

FreeOffersNow

03-11-2008 14:43:44

I was able to get out of my first (and last) parking ticket by taking a picture of the vehicle when I returned to see the ticket on my windshield, and bringing that with me when I went to the (I guess it's called an) administrative hearing at the Parking Violations Bureau. After I argued my case (in a recorded 1 on 1 conversation), the guy basically said I don't believe you but you make a compelling argument...and let me go. My argument was that the sign was misleading.

My advice Take a picture and bring it with you to argue your case. There's no real benefit in asking for continuances...at least not in New York. Here, the ticketing officer need only be present in court for a moving violation. Non-moving violations do not require that he or she be present.

cubbieco

04-11-2008 15:16:07

The fact that you were in the car should be your biggest defense. They mailed you the ticket vs. putting it on your windshield should help with that. Also do take pictures of the curb showing its not red.

As far as if its worth fighting it just depends on what a couple of hours of your time is worth, how much vacation time you have at work, etc.

I don't know the laws in your area, but sitting in the drivers seat of an idling car is stopping, not parking. I don't know if that matters or not for you though.

EatChex89

04-11-2008 16:19:39

[quote442dc91f3d="cubbieco"]The fact that you were in the car should be your biggest defense. They mailed you the ticket vs. putting it on your windshield should help with that. Also do take pictures of the curb showing its not red.

As far as if its worth fighting it just depends on what a couple of hours of your time is worth, how much vacation time you have at work, etc.

I don't know the laws in your area, but sitting in the drivers seat of an idling car is stopping, not parking. I don't know if that matters or not for you though.[/quote442dc91f3d]

It doesn't matter what state you are in, sitting in a car while its idling is not considered parking. Parking is when your car is off [b442dc91f3d]and[/b442dc91f3d] in the PARK position. Idling ≠ Parking. That is why there are signs that say "No Stopping Anytime" which means, that you can't even stop. If it just says "No Parking" then you should be able to present a decent argument and have a high chance of winning.