Did not Receive Original Parking Citation (Now Delinquent) in Los Angeles, CA

[Hapaben]

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

I received a letter in the mail from the City of Los Angeles stating the following:

"You have incurred additional collection fees and are now assigned to a collection agency for not satisfying the outstanding citation in a timely manner. (Per California Vehicle Code Section 40200.3 and Los Angeles Municipal Code Section 89.60)."

The date the citation was supposedly issued was 11/12/10 at 8:22am on 1706 Federal Ave S. The violation was for no park/street clean. The total amount due is $179, which includes a $21 collection fee and $158 fine/penalty.

The issue that I have is that I never received the original citation in the first place. When I drove the car on 11/12/10, there was no citation on the vehicle.

Here is what Section 40200 of the law reads:

"Parking Violation: Procedure

40200. (a) Any violation of any regulation that is not a misdemeanor governing the standing or parking of a vehicle under this code, under any federal statute or regulation, or under any ordinance enacted by local authorities is subject to a civil penalty. The enforcement of those civil penalties shall be governed by the civil administrative procedures set forth in this article.

(b) Except as provided in Section 40209, the registered owner and driver, rentee, or lessee of a vehicle cited for any violation of any regulation governing the parking of a vehicle under this code, under any federal statute or regulation, or under any ordinance enacted by a local authority shall be jointly liable for parking penalties imposed under this article, unless the owner can show that the vehicle was used without consent of that person, express or implied. An owner who pays any parking penalty, civil judgment, costs, or administrative fees pursuant to this article shall have the right to recover the same from the driver, rentee, or lessee.

(c) The driver of a vehicle who is not the owner thereof but who uses or operates the vehicle with the express or implied permission of the owner shall be considered the agent of the owner to receive notices of parking violations served in accordance with this article and may contest the notice of violation."

How do I properly appeal or resolve this issue? Thanks.

[Zigner]

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

I received a letter in the mail from the City of Los Angeles stating the following:

"You have incurred additional collection fees and are now assigned to a collection agency for not satisfying the outstanding citation in a timely manner. (Per California Vehicle Code Section 40200.3 and Los Angeles Municipal Code Section 89.60)."

The date the citation was supposedly issued was 11/12/10 at 8:22am on 1706 Federal Ave S. The violation was for no park/street clean. The total amount due is $179, which includes a $21 collection fee and $158 fine/penalty.

The issue that I have is that I never received the original citation in the first place. When I drove the car on 11/12/10, there was no citation on the vehicle.

Here is what Section 40200 of the law reads:

"Parking Violation: Procedure

40200. (a) Any violation of any regulation that is not a misdemeanor governing the standing or parking of a vehicle under this code, under any federal statute or regulation, or under any ordinance enacted by local authorities is subject to a civil penalty. The enforcement of those civil penalties shall be governed by the civil administrative procedures set forth in this article.

(b) Except as provided in Section 40209, the registered owner and driver, rentee, or lessee of a vehicle cited for any violation of any regulation governing the parking of a vehicle under this code, under any federal statute or regulation, or under any ordinance enacted by a local authority shall be jointly liable for parking penalties imposed under this article, unless the owner can show that the vehicle was used without consent of that person, express or implied. An owner who pays any parking penalty, civil judgment, costs, or administrative fees pursuant to this article shall have the right to recover the same from the driver, rentee, or lessee.

(c) The driver of a vehicle who is not the owner thereof but who uses or operates the vehicle with the express or implied permission of the owner shall be considered the agent of the owner to receive notices of parking violations served in accordance with this article and may contest the notice of violation."

How do I properly appeal or resolve this issue? Thanks.

I would suggest that the proper procedure would be the send off a check (or some other acceptable alternative method of payment) for $179.00.

After you get the physical ticket, you get a courtesy notice in the mail. You either didn't see or ignored the ticket...and you ignored the original courtesy notice. You have no avenue for "appeal".

[Hapaben]

This is the first notice that I have received regarding this ticket. I received no courtesy notice in the mail.

I believe courtesy notices are for moving violations, not parking tickets. I could be wrong though.

If I was in the wrong by parking on a street during street cleaning hours, I will pay the original ticket amount, but paying overages for delinquency on a ticket I never received does not seem fair. Thoughts? Thanks.

[Zigner]

This is the first notice that I have received regarding this ticket. I received no courtesy notice in the mail.

I believe courtesy notices are for moving violations, not parking tickets. I could be wrong though.

If I was in the wrong by parking on a street during street cleaning hours, I will pay the original ticket amount, but paying overages for delinquency on a ticket I never received does not seem fair. Thoughts? Thanks.

My thought is that you are free to hold your breath, stomp your feet, run around in circles, etc. in order to show your outrage at this unfair situation. There is one caveat...save it all for AFTER you've paid the $179!

[Hapaben]

Zigner - I appreciate your attempts at helping posters to this forum.

However, your condescending remarks are unnecessary and not helpful. Any thoughts on that?

[Zigner]

Zigner - I appreciate your attempts at helping posters to this forum.

However, your condescending remarks are unnecessary and not helpful. Any thoughts on that?

My thoughts? You got accurate legal advice...you're welcome!

[Hapaben]

My thoughts? You got accurate legal advice...you're welcome!

"After you get the physical ticket, you get a courtesy notice in the mail. You either didn't see or ignored the ticket...and you ignored the original courtesy notice. You have no avenue for 'appeal'."

I am not a lawyer. However, this response makes a FALSE ASSUMPTION that 'I didn't see or ignored the ticket' and that I 'ignored the original courtesy notice'. These are both false. I explained this to you in my following post.

"My thought is that you are free to hold your breath, stomp your feet, run around in circles, etc. in order to show your outrage at this unfair situation. There is one caveat...save it all for AFTER you've paid the $179!"

This response is condescending in nature and fails to provide any USEFUL legal advice. I am posting to this forum to get advice on how to resolve this issue given that I never received the original citation nor any courtesy notice. If you have any USEFUL advice that does not just re-state that I should pay the $179, I would appreciate it.

If not, let's not waste both your time and my time with another condescending response. Thanks.

[Zigner]

"After you get the physical ticket, you get a courtesy notice in the mail. You either didn't see or ignored the ticket...and you ignored the original courtesy notice. You have no avenue for 'appeal'."

I am not a lawyer. However, this response makes a FALSE ASSUMPTION that 'I didn't see or ignored the ticket' and that I 'ignored the original courtesy notice'. These are both false. I explained this to you in my following post.

"My thought is that you are free to hold your breath, stomp your feet, run around in circles, etc. in order to show your outrage at this unfair situation. There is one caveat...save it all for AFTER you've paid the $179!"

This response is condescending in nature and fails to provide any USEFUL legal advice. I am posting to this forum to get advice on how to resolve this issue given that I never received the original citation nor any courtesy notice. If you have any USEFUL advice that does not just re-state that I should pay the $179, I would appreciate it.

If not, let's not waste both your time and my time with another condescending response. Thanks.

Good luck!

[proud_parent]

I am not a lawyer. However, this response makes a FALSE ASSUMPTION that 'I didn't see or ignored the ticket' and that I 'ignored the original courtesy notice'. These are both false. I explained this to you in my following post.

Let's suppose -- only for the sake of argument -- that you did not receive a courtesy notice.

Please explain how the assumption "You either didn't see or ignored the ticket" is also false. Are you suggesting that you did see the ticket and did not ignore it?

[CourtClerk]

For the record, there is no courtesy notice mailed when you receive a PARKING ticket. You get a ticket on your windshield, it's due in 21 days, and you don't get anything else until the ticket is late.

To appeal the ticket, you'll still have to pay it. Expect to lose. LA's Parking Violations Bureau RARELY overturns itself, even if you can prove they're wrong. If you want to purse it further, after you appeal and lose, you can appeal to Superior Court (yet another $25). Then you get to prove you never really saw the ticket. Good luck with that (it's one they hear constatntly).

[ENASNI]

[/QUOTE] LA's Parking Violations Bureau RARELY overturns itself, even if you can prove they're wrong.[/QUOTE]

Unless you are Charlie Sheen...Paris... Lindsay... oops.. I am being bad. I had better just... go Play some poker or scrabble.


Sorry.

[patstew]

Nowhere in this discussion did I see the OP's statement whether they were in that area at that time or not. Neither do I see any reference to whether they contacted the issuing entity to see if the description on the violation matches their car or whether there is a photo of the violation.

As to, "I never received the ticket," I hear this all the time. Usually when I offer to take off the most recent late fee, they pay up without protest, which indicates to me that they're full of hot air.

And as far as condescending replies go... when you posts in public, you takes your chances.