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#1
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Desperately need advice on parking ticket harassment!What is the name of your state? CA I received a ticket back in October that I felt was given unfairly: the street was badly lit and there was a red line so faded and peeling that I couldn't see it from inside my car. I was working hard and worried that I wasn't going to be able to contest it within the 21 day time frame. I called and spoke to someone who gave me another time frame, unfortunately I can't remember what it was exactly and didn't take down their name, but I ended up writing the letter 24 days later and included photos of the red line. I received a letter back telling me all further action was suspended while the investigated and that I would be in formed of the outcome of the investigation b y mail. That letter was dated the 30 November. In March I finally received a letter: demanding late fees and the ticket was now $157. I called and asked how was this possible? Why didn't I receive a letter in the meantime explaining the outcome and allowing me to pay the original amount of $65? The lady I spoke (who was very rude to me and unhelpful) told me that they had written to me in February, after much confusion I realized that the tickets were addressed to Apt 1 when I am Apt 11. It turns out that the DMV had me listed as that, even though I wrote to them and included my return address as Apt 11 each time. I said that I doubted very much that that was why I didn't get my mail, we are a small apartment block, just 12 apartments, and we often get one another's mail by accident and always pass it on, plus my mail box has my name on it so the mail man could see that and all my other tickets and car related things come to me. The lady told me that if she got her neighbors mail in her box she wouldn't bother passing it on (!) so it was basically my tough luck. I told her that even if I had received the outcome I would have wanted to contest it because I felt the ticket was unfairly given, so she told me I could request a hearing, I asked her how and she told me to do it in writing. I did this, explaining in great deal everything that had happened. The reply I got was another demand for payment. Incensed, I wrote another letter explaining that it was my right to a fair hearing, that I was not entitled to pay late fees since I had not paid late, I had followed their instructions which were to put in writing my complaint, and to wait to hear from them. If they had asked that I pay $65 and then contest it I wouild have done that, but I was not told to do that. This time I received a letter telling me under state law I had passed the 21 days I had to request a hearing. By now I was so frustrated and upset, they were not responding to me in a fair way, I didn't even feel like my letters were even being read. As far as I was concerned I had done all the right things: contested it in writing, enclosed photographs, kept copies of the letters, their letters, had proof of mailing all my letters to them, and yet was being pursued for more than the original ticket. So I wrote ANOTHER letter, explaining everything, and I enclosed a copy of each of my original letters. In repsonse I got an automated reply, a Credit Rating Warning telling me my ability to recieve credit was in jeopardy and that I had to pay $157. I have just called them to explain that they are not reading my letters, I am being treated unfairly, it is my right to a fair hearing and to state my case. The lady I got was once again unbelievably unhelpful. She told me I had to pay AND THEN request a hearing, I said this was unfair, I would pay $65 and request a hearing, but I did not see why I should pay for the late fees, and on top of which I don't even have $157 now anyway. She told me she had given me all the options and I wasn't listening to her, I need to pay, period. I said she hadn't given me all my options, what am I supposed to do if I don't even have the money? 'Send proof of low income' so I asked what proof was sufficent, 'that is up to you' she told me. I asked her if sending in the check stub for my unemplyoment was sufficient and she replied 'if you think so'. To which I replied 'No! Not if I think so, surely you have a list of accepted proof? I don't want to send in what I think is acceptable only to be told a month later that it isn't and this thing drags on for another six months' she said 'send it in, I have other calls now' and hung up. I cannot tell you what stress this is putting me under. I thought I received a ticket unfairly, so I followed their procedure, and as a result I am now asked to pay over the double the original amount, have bad credit and might not be able to register my car with the DMV. How are they allowed to do this? I am at a loss as to what to do, now I'm prepared to pay the $65 just to get this out of my life (even though I still think it was unfair to receive it in the first place) and I don't even have that option anymore. Please, please can someone tell me what to do. I just want to have a hearing where I can talk to an individual who will actually listen to my case, instead of some automated person on the end of the phone who clearly has no interest in the fact that the parking violations bureau are behaving like bullies. |
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#2
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| There are laws, rules, and deadlines associated with parking citations. You believe you complied with what you were supposed to when you spoke to the people involved. However, admittedly you DID exceed the 21 day mark. This sort of puts you on the outside of the innocence curve as far as the city is concerned. It is standard operating procedure to request payment up front for a contested parking violation. Virtually every jurisdiction does it this way. At this point, all that I can suggest you do is pay the money and penalties, request a hearing, and see what happens. if you win you get the money back. If you lose, at least there will be no collections agents knocking on your door and no increased penalties. Take care of any future transactions in person if you can. Put a face to a name. - Carl
__________________ A Nor Cal Cop Sergeant "Make mine a double mocha ... And a croissant!" He Who Kneels Before God Can Stand Before Anyone ....author unknown |
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#3
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| Fair enough, except if I missed my deadline to request a hearing (21 days) shouldn't they have told me that right in the beginning instead of telling me that they were investigating the ticket and suspending any further action pending the outcome?? Also, nowhere in the instructions for contesting a ticket does it mention that you must pay the ticket first in order to contest it. All they tell you is that it needs to be put in writing and sent to a specific address. So by following their instructions I am now being penalized by having to pay over $92 in late fees. Seems highly illegal to me. |
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