Erroneous Parking Ticket by County of Los Angeles

[dsmith98]

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

I received a letter from the County of Los Angeles requesting payment for a parking ticket. I live in Northern California and I have not been in Los Angeles for over five years. The letter has my car’s license plate, but the wrong car color. It does not have the VIN. This is clearly a mistake, as I was with the car over 300 miles away at the time the citation was written. Can you suggest how can I petition that?What is the name of your state (only U.S. law)?

 

[Free_Advice]

You would have to research the ordinances relating to your charge .. you don't list the charge in your posting.

Most ordinances will say what has to be on the notice (its not a ticket) ... and a vin # is likely not needed. But a color usually is. So go and check the ordinances' requirements of the notice.

Of course, it appears as if you do not have the actual notice (and why would you if you were not there) ... so you'll have to get a copy of it.

Depending on the color difference (white v. black as opposed to red v. yellow) you may have a good argument here.

I cannot see the letter from here ... you may need to motion to reconsider or vacate a default ...

 

[HighwayMan]

Color is usually not a deciding factor - it can be subjective especially considering the time of day. VINs are usually only noted when there is a plate issue.

Try to get a copy of the ticket and check the rest of the information on it. How much is the fine? How long ago was the ticket issued?

 

[dsmith98]

Thank you for the advice. The citation is for Street Sweeping violation. I called the LA Parking Enforcement Office and asked them to mail me a copy of the ticket.

The letter I received refers to a Vehicle Color SI, which I assume is silver. My car is white. The letter also has the correct Vehicle Make.

Is there anything else I can do while waiting for a copy of the ticket (should arrive in five business days)? How do I research the Street Sweeping ordinance?

I found on the LADOT website that “Street sweeping signs are posted in areas of the City where there is a routine street sweeping schedule. Parking is prohibited on the designated days for the entire time posted on the sign.” I tried to look with Google Map at the street sign, but the image is blurred.

The fine is $63. It will cost me more to fly to LA and petition in person. The ticket was written on August 11. I have until Oct 22 to pay the fine and request a hearing before a Hearing Officer.

 

[Zigner]

Pay the ticket...cheaper and easier.

 

[Free_Advice]

I found on the LADOT website that “Street sweeping signs are posted in areas of the City where there is a routine street sweeping schedule. Parking is prohibited on the designated days for the entire time posted on the sign.” I tried to look with Google Map at the street sign, but the image is blurred.

The fine is $63. It will cost me more to fly to LA and petition in person. The ticket was written on August 11. I have until Oct 22 to pay the fine and request a hearing before a Hearing Officer.

They don't allow pleadings by mail? You have not found the law (statues) and regulations yet, keep looking. We still do not know what ordinance you were cited ~ perhaps when you get your notice you'll know.

If you cannot pursue your case via mail & you cannot logically go there to contest; then it seems you have two choices: a) pay or b) don't pay.

What happens if you don't pay? You may get your DL suspended or cannot renew it.

So go back and do some more research and find out what ordinance you were noticed upon, who exactly issued the notice, the law & regulations involved with the notice & adjudication. Continue your research ~ the DOT website seems not to be helpful to you..

 

[Free_Advice]

Thank you for the advice. The citation is for Street Sweeping violation. I called the LA Parking Enforcement Office and asked them to mail me a copy of the ticket.

OMG, missed this ************** sorry

http://ladot.lacity.org/pdf/PDF42.pdf

you can contest by mail, see link above

Looks like you can have an online hearing (whaaaat?): City of Los Angeles: Parking Violations Bureau

Contest by phone too: Administrative Review

I would do it by mail .. this will allow you to write up a good defense and to cite case law.



I just won a parking picket case for a different city ~ it took about 10 hrs to write the pleadings and objections (finding the law, ordinances, case law, admin regulations, and figuring out the best defense to present based on the evidence).


I would call the parking office and ask for their administrative hearing regulations & review them ~ I generally finding something objectionable to admin hearing regs, you can object to one if you wish...

 

[CdwJava]

What happens if you don't pay? You may get your DL suspended or cannot renew it.

As a note, non-payment would not effect the driver's license. Non-payment can result in the fines and penalties being tacked onto the vehicle registration, or, the matter going to collections.

 

[dsmith98]

I called the LA Parking Enforcement Office and ask for the administrative hearing regulations. I was told that I need to mail a written request. I may be wrong, but I have a feeling that the employee that answered my call didn’t quite understand what I am asking for.

 

[Zigner]

I'm telling you - pay the ticket. It's cheap and easy. You have no PROOF that your vehicle wasn't the one ticketed. A silver car and a white car are close enough that you're not likely to get by with that.

 

[Free_Advice]

I called the LA Parking Enforcement Office and ask for the administrative hearing regulations. I was told that I need to mail a written request. I may be wrong, but I have a feeling that the employee that answered my call didn’t quite understand what I am asking for.

It may be correct as I could not find their regs published online (why not???).

Go ahead and send a written request. And its quite possible the employee had no idea what you were talking about.

You're on the right track. There are likely requirements for the notice, like a printed name on the notice of the officer, veh. tag #, color, model etc. if you find them post a link.

Don't listen to others who just sat "pay it" .. argue your case .. you say you are not guilty .. I would never plead guilty to something I'm not, even if its easier.

 

[Free_Advice]

A silver car and a white car are close enough that you're not likely to get by with that.

I would agree with zig on that point .. but it is something to argue so go ahead and argue it .. impossible to know the mind of the hearing officer.

 

[Zigner]

It may be correct as I could not find their regs published online (why not???).

Go ahead and send a written request. And its quite possible the employee had no idea what you were talking about.

You're on the right track. There are likely requirements for the notice, like a printed name on the notice of the officer, veh. tag #, color, model etc. if you find them post a link.

Don't listen to others who just sat "pay it" .. argue your case .. you say you are not guilty .. I would never plead guilty to something I'm not, even if its easier.

It's a business decision. There is no "down side" to paying the ticket in order to avoid a bunch of wasted time.

In my line of work, anything more than about 1/2 to 3/4 of an hour total spent on it makes it more logical to simply pay it.

 

[Zigner]

I would agree with zig on that point .. but it is something to argue so go ahead and argue it .. impossible to know the mind of the hearing officer.

It's Los Angeles - it's easy to know the mind of the hearing officer. OP has presented NOTHING to prove that his vehicle wasn't the one that was cited.

 

[dsmith98]

At the time the parking ticket was written, I was with the car in San Jose, 350 miles from LA. Would it help my case if I bring affidavit from witnesses that saw the car in San Jose at the time the ticket was written?