Fighting a parking ticket - PeachParts Mercedes-Benz Forum

Mistel · #1 12-11-2008, 09:47 PM

I got a ticket parking in front of my house. The local by-law says no parking on city streets from Dec to March overnight to allow for snowplowing.

I am going to fight it and I was wondering if anyone had some advice.

I am fighting it because I had not heard of the by-law and there are no signs. (I understand that ignorance of the law is not an excuse). Mainly I am hopeing that it will never make it to court because why would they pay hundreds in court costs to enforce a $50 ticket? I usually fight everything and parking tickets never make it to court.

Peter

MTI · #2 12-11-2008, 10:01 PM

Hundreds in court costs? I believe that most municipalities have done the math and have a system in place that mitigates that . . . like having their own prosecuting attorney?

450slcguy · #3 12-11-2008, 10:03 PM

Quote:

Originally Posted by Mistel

I Mainly I am hopeing that it will never make it to court because why would they pay hundreds in court costs to enforce a $50 ticket? I usually fight everything and parking tickets never make it to court.

Peter

That's because your chances of winning are next to "0" and you'll end up paying for the ticket and the court costs.

I don't believe the officers presence is required in court for a parking violations. Municipalities make a fortune on parking tickets, and they are more than happy to host municlpe court parties for people to pay their expenses.

Brian Carlton · #4 12-11-2008, 10:10 PM

Quote:

Originally Posted by Mistel

(I understand that ignorance of the law is not an excuse).

If you understood what you state, you'd avoid going to court and just pay the ticket.

What defense are you going to use when you get to court? All the DF's claim ignorance of the law.........the judge is immediately dismissive of that approach.

t walgamuth · #5 12-11-2008, 10:35 PM

The only time I ever fought a parking ticket was when a cop gave me a ticket for parking illegally in a driving lane. It was a place where it was a turn lane from 330 to 530 and the rest of the time a parking place. I talked to his seargant and showed him pictures of where it happened with my car parked in the same spot. He talked to the officer and he withdrew the ticket.

Palangi · #6 12-11-2008, 10:40 PM

I got a parking ticket dismissed when I was in college.

While I was in class, they painted a crosswalk, put up a No Parking sign, and hung a ticket on my car.

Mistel · #7 12-11-2008, 11:25 PM

Here in Canada we do not get charged with court costs so there is no risk in fighting a ticket. You might as well fight and hope the officer does not show up. We can say we want to challenge the officer, so they have to show up.

Remember, I didn't intentionally break the by-law. I'm not crying that I parked in front of a hydrant and got caught. Now that I know the rules, I have not parked there since.

Hatterasguy · #8 12-11-2008, 11:38 PM

Just be gratefull you got a little ticket insted of having it actualy snow. In some cities they will tow your car, in most the plow operaters take delight and burrying the car under a mountain.

My friends dad used to plow, one of the companies accounts was a mall's parking lot that was supposed to be empty. Well there was an Accord by the lamp post where they always pushed the snow...that Accord wasn't found until spring!

Honus · #9 12-11-2008, 11:40 PM

I say pay the ticket. If you feel the need to fight it, be sure to carefully read the relevant statute or ordinance. It is probably available on-line. There might be the basis for a defense there. If the statute/ordinance made it a violation to park on a street marked with "No Parking" signs, then you might have had a good defense. Based on what you said, it appears that the statute/ordinance makes it a violation to park on that street during the relevant months. If so, then you are probably screwed.

My guess is that they will drop it if you show that you have a legit defense. My guess is also that they will not drop it just to avoid the expense of prosecution. They have to be in court that day anyway, so there probably is little added cost. Even if they lose money on the deal, they don't want to set a precedent of dismissing cases just to avoid the hassle of a prosecution.

Jim B. · #10 12-12-2008, 12:57 AM

I really think you should pick your battles carefully.

Are you sure you want this to be one of them?

t walgamuth · #11 12-12-2008, 06:09 AM

Quote:

Originally Posted by Palangi

I got a parking ticket dismissed when I was in college.

While I was in class, they painted a crosswalk, put up a No Parking sign, and hung a ticket on my car.

I bet the judge has heard that story a hundred times!

MTUpower · #12 12-12-2008, 06:43 AM

Jim B and DCulkin have got it right- listen, pay it and move on.

catmandoo62 · #13 12-12-2008, 08:38 AM

we had that same stupid ordinance in my town for years they just this year changed it because they made a law this summer that you can not park on your grass,you have to park on a concrete or gravel driveway.so the mexicans were screwed as like 10 of em live in every house.anyway about 30 years ago my mom and dad were having a new years eve party.when people started going home everyone of em had a parking ticket on their cars.you would have thought they would have used a little discretion and come back later but no guess the city needed the money.

Medmech · #14 12-12-2008, 08:57 AM

How long have you lived in the snowbelt? My 7 year old knows about street parking during the winter, grow up move on and be thankful they didn't tow it you'll be laughed out of court.

Kuan · #15 12-12-2008, 09:17 AM

Here they ticket and tow your car. Consider yourself lucky that your car didn't get plowed or pushed halfway onto the sidewalk by the snowplow.