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Can I get out of a Handicap Parking ticket in an Apartment Complex?

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sonniesonnier

Junior Member
What is the name of your state (only U.S. law)? California

Hello,

I parked in a handicap parking spot in my friends apartment complex overnight only because she assured me over and over again that it was fine, that everyone parked there and that even the maintenance man parked there.

Well, the next day I had a ticket for $348 and to say the least I was pissed. Anyway...I should not have listened to her because it was against my better judgement.

Now i am trying to get out of it on the technicality that the sign does not have the code on it and the curb is not properly painted or marked "no parking".

I have photos and am prepared to go to court to try to fight it but am wondering if I have a chance or if I would just be wasting my time?

Also I would never even otherwise think of parking in a handicap parking spot sp please save your chastising comments. I will NEVER park in one again no matter where it is and who says it's ok...I have completely learned my lesson.

Thanks,

Saundra
 


sonniesonnier

Junior Member
"Now i am trying to get out of it on the technicality that the sign does not have the code on it and the curb is not properly painted or marked "no parking".

I have photos and am prepared to go to court to try to fight it but am wondering if I have a chance or if I would just be wasting my time?"
 

Zigner

Senior Member, Non-Attorney
"Now i am trying to get out of it on the technicality that the sign does not have the code on it and the curb is not properly painted or marked "no parking".

I have photos and am prepared to go to court to try to fight it but am wondering if I have a chance or if I would just be wasting my time?"
Tell your friend to pay it.
 

Antigone*

Senior Member
"Now i am trying to get out of it on the technicality that the sign does not have the code on it and the curb is not properly painted or marked "no parking".

I have photos and am prepared to go to court to try to fight it but am wondering if I have a chance or if I would just be wasting my time?"

You have a chance that you'd be wasting your time:cool:
 

Antigone*

Senior Member
Unfortunately, if the spot is not properly marked & signed, our OP can likely get out of this ticket.
I agree my friend, but the crystal ball is at SJ's house and he refuses to give it up so we can't say with 100% certainty that she will previal; hence "the chance":D
 

CdwJava

Senior Member
How was the space marked? Why do you think it was improperly marked?

When was the space marked?

Your photos will mean very little if you cannot answer the last question.

Also, the parking citation will not be heard by a court, it will be heard by a hearing officer or panel. Only if you lose the hearing and the appeal (if any is offered in the local process) will you have the opportunity for an administrative hearing before a judge. Then, if you lose that, you can pay those additional fines.

To prevail at the initial hearing you will have to show that the space was not properly marked and thus no citation could issue. So, what code section were you cited for? How as the space marked? And when was the space marked in its current configuration? The current regulations exempt spaces marked beyond a certain timeframe.
 

sonniesonnier

Junior Member
Legally speaking you are responsible. I guess the next time your friend tells you to jump off a cliff you'll listen, huh:rolleyes:
hey "Antigone*of*Greece"

i guess you think you're pretty funny don't you huhuhuhhhhuuuu...guess what?? i knew some dumb-ass like you had nothing better to do today then to sit around wasting his time makiking snide remarks instead of actually trying to offer some practical help or suggestions.

that's why i wrote in my post to "please refrain from chastising" and that "it was against my better judgement" and "i've learned my lesson and will NEVER do it again"

but loser children like you just can't resist i guess..
 

Zigner

Senior Member, Non-Attorney
hey "Antigone*of*Greece"

i guess you think you're pretty funny don't you huhuhuhhhhuuuu...guess what?? i knew some dumb-ass like you had nothing better to do today then to sit around wasting his time makiking snide remarks instead of actually trying to offer some practical help or suggestions.

that's why i wrote in my post to "please refrain from chastising" and that "it was against my better judgement" and "i've learned my lesson and will NEVER do it again"

but loser children like you just can't resist i guess..
Said the loser whiny child who couldn't walk an extra few feet... :rolleyes:
 

sonniesonnier

Junior Member
look people...

there's no arguement here that it was wrong to park there...

the reason i posted is to get help to see if i can get out of it...if you don't want to help me with that then it's a waste of yours and my time to take this opportunity to bash me.

this website is called free advice...not free mud-slinging...
 

Zigner

Senior Member, Non-Attorney
look people...

there's no arguement here that it was wrong to park there...

the reason i posted is to get help to see if i can get out of it...if you don't want to help me with that then it's a waste of yours and my time to take this opportunity to bash me.

this website is called free advice...not free mud-slinging...
The refund desk is next to the exit...
 

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