Frivilous parking ticket: What do I do?

[weasel]

Ok, its not me, its really my friend's car. It was ticketed 5 minutes ago, with the comment "veh not moved. 10 mile 72 hrs" and the citation 86.23(g) SDMC 72 hr viol.



I say frivilous because the car HAS moved within the last 48 hours.

Be that as it may, how do I tell my friend to combat this ticket? What should one do in this situation?

You say the vehicle has moved within the last 48 hours. So how are you going to prove that? What EVIDENCE do you have? It's your word and your friend's word against the meter maid? Sorry, but the meter maid

( city) will win. Most parking tickets are argued administratively-- In a NO WIN situation. It's even a no win situation in court.



How much is the ticket? $40. Pay it and VOW never EVER to park in an iffy situation. Parking "tickets" are one of the larges revenue generator mechanisms "businesses" in CA I imagine it's the same in every state.



I have lived in the city for 10 years now and have gotten probably 30 parking "tickets" and have paid most of them. I've got 4 attached to my car's registration now. I cannot renew my registration until I pay $541!!



Pay it. A $40 ticket is not worth fighting. Appeal it if you don't have the money right now. That will give you more time to get the money.



I know you want to argue it for principle's sake, but....

I've got lots of experience arguing parking tickets. It's a NO WIN situation.

If it were me, I'd send in a CPN, via certified mail, return receipt.



But then, that's me.



Oh yeah, request certified verification also.



This should be easy with an affidavit from you and a witness that has firsthand knowledge that the car was not there for 72 hours.



Let them prove it was there for 72 hours. Do they have 72 hours of videotaped proof? or someone who staked out your car for that long? C'mon.



Pick your battles for sure, but if this is the only battle you have, stick it to 'em.



HB

[weasel]

My friend already has the ticket, so I'm sure he's just gonna pay it. its only 40 bucks, but if it was me I'd at least try and get rid of it.

I'm still a fledgeling sovereign-- what's a CPN and what does an affidavit consist of?

Where I live, a Certified Promissory Note (CPN) sent to discharge a parking ticket would be ignored and you would be made to think they accepted it because you'd never hear back from them. If you asked them what the status of your citation was after sending them a CPN they would tell you...that you still owe and late fees would have been added.

[KaosTheory]

Tora, have you tried a partial assignment of interest?

[EnSabahNur]

I haven't posted yet on my solution to all Tickets, and what I did with 2 "Driving with no License", 2 "Driving with no Insurance", and 1 Photo Radar Speeding ticket. It seems to have simply gotten rid of them. I dropped off my responses to a Supervisor, of some sort, at the COURT... and this person knew exactly what I was talking about. I was informed that it would be forwarded to the "Crown Prosecutor", but I would NOT hear back about these (and she tapped the 5 tickets I had just handed her.)



I refused their offer. Simple. If you had a contract offer from someone who was going to do renovations to your home and you did not accept the offer and either 1. Never signed it, or 2. Refused the offer, then could that person EVER take you to court? How could they? By producing a contract that was not signed or was refused? Since all these tickets are "Contract Offers" simply refuse them, in writing, as I did, and have posted on here many times now that has been ignored.



The Contract Offer says to Plea "Guilty" or "Not Guilty", if you do either of these you just accepted the contract as that is what it told you to do in the terms of the Contract. Simply refuse their offer in writing. The person who accepted my documents said "The Magistrates will not accept this as they are not used to seeing this, this is not normal procedure", after I told them that I had been down already once and the Magistrate refused to take the paperwork. There were some other strange things that happened that I'm not going to get into, but all good.



Now what did she NOT say. She did not say "You cannot cancel these", or "These are NOT contract offers", or "This means nothing", or anything else to DENY what I claimed in my response...just that "This is not normal procedure", hahahahahaha.



What is the Crown Prosecutor going to produce in court? A cancelled "Contract Offer" to appear in their COURT and plea to a bull**** charge that does not exist until you plea to it? I do not think so. I have heard nothing back yet, as the lady said I would not. If I do it will be an attempt to "Contract " with me again, to which they will get the same response.

KaosTheory,



Yes, I did send them "partial assignment of interest". They ignored it. I have also found out that the PARKING ENFORCEMENT CENTER is not subject to the Public Records Act or the Information Practices Act. It appears that the PARKING ENFORCEMENT CENTER is just a collection agency for the DEPT. OF TRANSPORTATION. The Dept. of Transportation is subject to the Public Records Act so I am going to submit my records act request to them. I am going to request that they provide me with a copy of the contract they have with the PARKING ENFORCEMENT CENTER. I also found out that the PEC does not have to be registered to do business in the State of CA to contract their services out.



I am going to file a UCC lien against the PARKING ENFORCEMENT CENTER as soon as I get the information i need to do this.

[KaosTheory]

Tora,



Has Howard's UCC procedure proven to be of any use to you in any situation?

[TheBlackTruth]

weasel, what state are you in?