When Pigs Fly: How I Fought My Parking Ticket and Beat City Hall

Some time ago, upon walking through the door after a hard day at the office, the Honeybee greeted me with a big kiss.  She was also putting the final touches on a chicken dinner that smelled absolutely delicious.

Now, normally, the only warm-blooded creature in the house that ever bothers to get up and acknowledge me when I come through the front door is my dog, Major.

Couple that with the fact that I’m the family cook – usually, the only time the Honeybee whips up dinner is when I’m on a business trip – and I immediately knew something was wrong.

“Okay.  What happened, Honeybee?” I asked as soon as our lip lock was completed.

“I got a parking ticket,” was her matter of fact reply.  After almost 14 years of marriage, we both know the futility in extending charades after they’ve been called out.

“How much?”

“Thirty-five bucks.  But I’m innocent.”

“Of course you are – that’s what all you scofflaws say.  Where did you get it?”

“In front of Patti’s house!”

Patti’s house?  Hmm.  Maybe she was innocent.

The Honeybee has this weekly ritual where she’ll drop by her best friend’s house for some morning conversation and a cup of coffee.

It turned out on this particular day, the Honeybee had about six cups of coffee, and during her extended stay the street sweeper made its weekly run down the street.  Because her car was parked along the curb and the sweeper had to go around it, she got a parking violation from Lovely Rita Meter Maid who happily spends her days trailing the street sweeper, making money for the city by citing illegally parked cars.

Yep.  Cities Are Relying On “The Curb Tax” to Bolster Revenues

According to my city, their “Street Sweeping Enforcement Program” was launched, “in response to citizen complaints that the City’s street sweeper missed areas where cars were parked.”

Heh.  And if you believe that I’ve got a great deal for you on a lovely little vacation timeshare you’ll want to buy in Karachi, Pakistan.

I’ll bet the only citizens that “complained” were the mayor and his five city councilmen.

The real truth is that cash-strapped cities are piling on parking fines to fill the city coffers like never before.

And, boy howdy, do they fill those coffers.

One retired New York City meter maid copped to a personal record of writing 227 tickets during a 5-hour shift.

More realistically, MSNBC reports that a typical New York City meter maid writes 40 tickets on a single shift.    Assuming Lovely Rita works five shifts a week, that comes out to 10,000 tickets a year all by herself – assuming she takes two weeks off per year to let the blisters on her fingers heal from writing all those tickets.

Is it really fair that cities use red light and speeding cameras, and parking violations as a means to fund city government, rather than in the interest of public safety?

Well, that’s a debate for another post which I will address soon.

This post, however, is about how to fight a parking ticket.  Luckily, there ain’t much to it.   In fact, you can do it in six easy steps.

How to Fight a Parking Ticket in Six Easy Steps

1. Stay calm

When you first see that pitiful pink ticket on your windshield, don’t rip it up in a fit of rage and vow never to pay it.  Failure to pay parking fines can result in penalties and even the impounding of your car.  Thankfully, the Honeybee did stay calm – although knowing her I’m sure she let a few choice words leave her lips before she got in the car.

2. Before You Drive Away: Gather Helpful Evidence

Before you drive away, look for and record or note any evidence or facts that could help you beat the rap you’ve been given.  For example, if you have a camera in your car, take a picture of anything that might exonerate you; for example, how and where you were parked, and any missing or potentially misleading regulatory signs.  If you can’t get photographic evidence right away, if possible, come back as soon as you can.  As you’ll find out later, this was critical in how I got my ticket overturned.

3.  Look for an Easy Out

Once you get home, carefully examine the ticket.  In most places, any information incorrectly described on the ticket, whether it is required or not, will give you grounds for dismissal.  Scan the ticket and look for any mistakes that Lovely Rita might have made when filling out the ticket including the date, time, location, vehicle code violation, and make or model of your car.  Since there were no mistakes on my parking ticket, I had no choice but to dig deeper.

4.  Educate Yourself

Information is power.  That’s why it is absolutely crucial that you do a little research on the Internet.  Reference the code violation on your ticket and then read your state’s applicable vehicle code.  In my case, it noted on the citation that I had violated a city street sweeping ordinance and it also referenced the corresponding state vehicle code that gave them the authority, specifically California Vehicle Code 22507.6, which states in part:

Local authorities may, by ordinance or resolution, prohibit or restrict the parking or standing of vehicles on designated streets or highways, or portions thereof, for the purpose of street sweeping.

That section of the code, however, also had this little nugget:

No such ordinance or resolution shall be effective until the street or highway, or portion thereof, has been sign-posted in accordance with the uniform standards and specifications of the Department of Transportation, or local authorities have caused to be posted in a conspicuous place at each entrance to the street a notice not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, setting forth the day or days and hours parking is prohibited…

Thankfully, states have regulations for parking signs as to what must be displayed on the signs and where they must be posted.  So I knew if I could show that the City was in violation of the state vehicle code, I could get the parking ticket dismissed.

The first step was to ask the Honeybee if there were any signs in the vicinity warning of the no parking ordinance.   She said there were no such regulatory signs anywhere on her friend’s cul de sac regarding parking restrictions for street sweeping – let alone “…in a conspicuous place at each entrance to the street.”

So I went back to the scene of “the crime” and took pictures of the street to prove that the street was not properly marked.  In fact, after retracing the Honeybee’s route, the only no-parking sign she passed was a quarter-mile away from her friend – and two streets over!  In fact, here is a picture of what that street sign looked like.

5.  Don’t Take “No” for an Answer

My city refers all appeals directly to the company that handles the processing of the tickets.  So I wrote a letter to them with all the pertinent info and explained why my ticket should be dismissed referencing the parts of the California vehicle code that the city had violated with respect to signage.

To support my claims, I also included pictures of where the Honeybee was “illegally” parked and the only no-parking sign that she passed along her route to her friends house.   In addition to the photos, I  included a local street map with marked locations of the site of the alleged violation and all of the no-parking signs in the general vicinity.

I dropped the appeal letter in the mail knowing that this case was a slam dunk.

Ten days later I got a notice that my appeal was denied because the management company representative who reviewed my case deemed the signage to be acceptable.  I was absolutely dumbfounded.

I think most people simply give up at this point and assume that if one bureaucrat denied their appeal, so would a judge.  I also think that is why my city has you go through this written appeal process first.

The good news is if you are sure you have a good case, there is no reason to be discouraged!

After all, you are entitled to argue your case before a judge in a court of law and so I requested a hearing.

6.  Defend Yourself  Vigorously

On the day of my hearing I presented the same map and pictures.  I also brought a copy of the applicable section of the vehicle code with the pertinent paragraphs highlighted that I felt put the law in my favor.

When making your case, don’t be timid.  But always show respect to the judge and keep your discourse civil.  Remember – if you lose your case, it’s not the end of the world.

Show the judge you have reviewed the law and tell him why you are innocent.

I argued to the judge that it was completely unreasonable to assume from the sign in question that it was illegal to park on another street more than one-quarter of a mile away.

I also argued that the placement of the signage violated the vehicle code with respect to where the Honeybee was ticketed.

The judge tried to get me to soften my stance somewhat, asking me why it was unreasonable to assume that – but I wouldn’t back down and answered his question without hesitation.

Within five minutes from the start of my presentation, the case was dismissed.

By the way, since that hearing the city closed that loophole and has replaced all of their no-parking signs in the immediate area, clarifying them to say the parking restriction is valid throughout the entire neighborhood.

Financially Speaking…

From a personal finance perspective, the time involved to fight a parking ticket is usually not worth the cost; in my case the ticket was a measly $35.  So why bother with the hassle?

Well, there are other benefits involved in fighting a ticket beyond getting sweet vindication – like learning about how our government and the justice system works.   In fact, when I went to my court hearing I brought the kids with me as I thought it would be a terrific civics lesson for them, which it was; I was inundated with questions from them on how our court system operates for days afterward.

I actually found the whole process to be a fun adventure!

If you’ve got the time – I reckon I spent about six hours of my time researching, gathering evidence, writing letters and preparing for court – I highly recommend everybody do it at least once in their lives.

So the next time you feel you have unjustly received a parking ticket, don’t get mad.   Fight back!   You can do it.

Remember, the law works for the benefit of everyone – not just those who are writing the parking tickets.

And, Now, the Obligatory Disclaimer…

This is not legal advice.  I am NOT an attorney-at-law.  If you want legal advice from a professional, you’ll need to hold your nose and hire a real lawyer. (Dear attorneys: That “hold your nose” part was just a cheap joke.  Honest!)