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Burden of proof.

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Austin Tashis

Junior Member
What is the name of your state? Pennsylvania

I just got a notice of an unpaid ticket from the University of Pennsylvania.

The reason I never paid is that I never received the ticket.

The reason I didn't receive a ticket is that neither I nor my car was anywhere near U Penn on the date in question.

Obviously the person who issued the ticket must have written down the wrong plate number.

The notice says all appeals must be accompanied by a full payment. I have no intention of sending them any money. Are they kidding? They screwed up and I'm supposed to trust them to return my money? Oh, and get this: I'm supposed to appeal within 20 days of the violation. When did I get the notice? 20 days after the date of violation. :rolleyes:

I can prove that I was at work on the date in question, but it seems a little odd that I should have to. Whatever happened to presumption of innocence? I'd rather let them prove that my car, parked at my home in the suburbs, somehow drove itself to the U Penn campus and back home again while I was at work in downtown Philadelphia.

I've sent them an e-mail explaining that they made a mistake. If they don't just drop it, what are my legal options? If they take me to court and lose, can I make them pay all my expenses? I don't see where it's my responsibility to be inconvenienced for their screwup, let alone incur any expense.
 


Austin Tashis

Junior Member
Yeah, fortunately they did the right thing, but I think this raises a lot of issues. Why should owning a parking lot give someone the right to send people notices demanding they send them money and then plead to get it back?

Can't they figure out a way to enforce their parking regulations without making these kinds of mistakes? I mean, would it kill them to take a picture of the license plate with a digital camera so they can verify the number? It might just help them in disputed cases. When the tickets are paid, they can delete the image file.
 

markdavis2

Junior Member
I do not see how some colleges can enforce some of there fines. At my school in Texas they will withhold Grades and Transcripts until the fine is paid. I know a little about law, and the 7th amendment should give the right to have a trail to prove my civil guilt. Also, The 14th should enforce, "Due Process", this as well. I have had a few college parking tickets, and most were friends driving my car. Does having the right to a trial apply here, considering that they will withhold Grades and Transcripts? What do ya'll think?

Thanks,

Mark
 

Austin Tashis

Junior Member
I do not see how some colleges can enforce some of there fines. At my school in Texas they will withhold Grades and Transcripts until the fine is paid. I know a little about law, and the 7th amendment should give the right to have a trail to prove my civil guilt. Also, The 14th should enforce, "Due Process", this as well. I have had a few college parking tickets, and most were friends driving my car. Does having the right to a trial apply here, considering that they will withhold Grades and Transcripts? What do ya'll think?

Thanks,

Mark
When I was at Cornell I got a lot of fines that were outrageously unfair, so when they ask me for money, I tell them I already gave. You'd think at some point they'd make the connection between mistreated students and disgruntled alumni, but they don't. I guess if they'd rather rip off students for a few hundred than get thousands in contributions later, that's their choice, but it's pretty short-sighted.
 

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