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Old 07-29-2008, 10:53 PM
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Join Date: Jul 2008
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Appealing "administrative hearing officer"'s decision re booting of car


Illinois (Chicago)
Today my car (registered to a corp. I own) was booted. I learned it was due to 4 red-light cam tix. I went to request a hearing (printout showed that a "notice" has been mailed 3 weeks ago). I never received one. Anyhow, that is the only defense they'd accept (apart from having been wrong car or tix paid already). Sure enough, the "verdict" was that "city established prima facia" despite no record of delivery, etc. In other wortds, I did not prove that I didn't receive the notice of boot.
Here;s the kicker : to appeal the "judge"'s decision, I need to file a lawsuit in the Circuit Court of Cook County (Chicago). The city, however, will tow the car within 24 hrs of booting (that is : in the morning), will keep it impounded for 14 days and then sell or destroy it.
The appeal process will take - at the minimum - 21 days, so even if I win, tha car (it's an old beater) will be gone.
In the alternative, I could pay the boot charges (+tix) but - quoting from their own info sheet, "PAYMENT OF TICKETS IS AN ADMISSION OF LIABILITY. YOU CANNOT CONTEST THIS IMMOBILIZATION AFTER PAYMENT".
Nice catch 22.. You pay but are barred from appeal, or you appeal, but lose your car.
My Q's are :
1. Do I go after them for lack of proper notice ? (I truly did not get any notice of imminent impound).
2. Violation of due process ?
3. What if I win but the car is destroyed / sold by then ?
Best
Tom, Chicago
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Old 07-30-2008, 11:01 AM
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Join Date: Jan 2006
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Cool

Quote:
Originally Posted by mysikot1 View Post
My Q's are :
1. Do I go after them for lack of proper notice ? (I truly did not get any notice of imminent impound).
Did they show you or give you a copy of the notice? Was the address correct? If it was, then you'll have a hard time proving you didn't receive it. I'm guessing that they're not required to send it certified.

Sometimes this happens in our office because the violator doesn't change their address with the DMV, and it's the DMV address of record to which we send the letters.
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