Faded paint on Staff Only parking spot

[reayx5]

State of California. Community College. Violation 21113CVC. I had dropped off vehicle for son at college. Parked in one of eight spots that is supposedly "Staff Only." Paint is faded on ground to point where it doesn't even show up in photos. Lot is very old, with cracks, potholes, etc. Handicap Parking has actual signs on metal posts, along with faded paint on ground. Lot had approx. 4 cars and approx. 30 parking spaces - evening class. Next nearest lot has vibrant yellow paint and easy to see "Staff Only" parking. Took photos of both lots at same time and distance to appeal ticket. Appeal denied. Wish to contest findings. Did not purposely park in Staff parking - never been to Campus before, so unaware of markings. Do I have a valid case? Thank you.

 

[Zigner]

State of California. Community College. Violation 21113CVC. I had dropped off vehicle for son at college. Parked in one of eight spots that is supposedly "Staff Only." Paint is faded on ground to point where it doesn't even show up in photos. Lot is very old, with cracks, potholes, etc. Handicap Parking has actual signs on metal posts, along with faded paint on ground. Lot had approx. 4 cars and approx. 30 parking spaces - evening class. Next nearest lot has vibrant yellow paint and easy to see "Staff Only" parking. Took photos of both lots at same time and distance to appeal ticket. Appeal denied. Wish to contest findings. Did not purposely park in Staff parking - never been to Campus before, so unaware of markings. Do I have a valid case? Thank you.

Pay the ticket - what is it...$40?

 

[reayx5]

Pay the ticket - what is it...$40?

That was $40 advice. I was interested in free advice that would help me decide if I should contest the decision, due to the circumstances. I suppose if the question I asked was, "Should I pay the ticket if it's under a certain dollar amount?", then I would be thanking you.

Chris

 

[CraigFL]

The question that needs to be asked is: Did you see the "Staff only" writing on the nearby spots? That is, were the spots on either side of you marked enough so that you could tell your in-between spot was probably marked though unreadable? If so, you will probably lose your appeal.

 

[reayx5]

The question that needs to be asked is: Did you see the "Staff only" writing on the nearby spots? That is, were the spots on either side of you marked enough so that you could tell your in-between spot was probably marked though unreadable? If so, you will probably lose your appeal.

The row I parked in had 8 empty Staff Only spots and 2 empty Handicapped spots. The paint on the ground was faded to the point where it was not visable for any of the spots, but the handicapped places did have metal signs posted.

This was in the early evening, there were many open parking spots, so I wasn't attempting to gain a close spot to the classroom. I was picked up by my wife, who followed me, so walking distance to a class didn't come in to play.

I couldn't find anything in the CVC that addresses parking spots not clearly marked. That's why I have posted here. And I do appreciate the time who have spent replying to me.

Best wishes, Chris

 

[Zigner]

The question that needs to be asked is: Did you see the "Staff only" writing on the nearby spots? That is, were the spots on either side of you marked enough so that you could tell your in-between spot was probably marked though unreadable? If so, you will probably lose your appeal.

He already HAS lost the appeal. But he doesn't like the answer he got there (or here).
OP - look - You will not win this fight. Save yourself the time and aggravation - just pay the ticket you rightfully received.

 

[patstew]

The question that needs to be asked is: Did you see the "Staff only" writing on the nearby spots?

I was thinking the question that needs to be asked is "Why was your appeal denied?"

 

[reayx5]

He already HAS lost the appeal. But he doesn't like the answer he got there (or here).
OP - look - You will not win this fight. Save yourself the time and aggravation - just pay the ticket you rightfully received.

Maybe I can make it clearer; I appealed the citation. The finding of the citation appeal was denied. The paper sent to me regarding the denied appeal says, "If you wish to contest a denial of appeal, you may request an administrative review." That is what I have now done. The remarks from the Chief of Police were, "Students may not park in faculty/stasf (sic) parking stalls." No more, no less.

To Zigner; I am not trying to win a fight. Time doesn't matter, and there is no aggravation involved (other than from your responses ). I believe with no clear marking on the stalls, neither with signs nor paint, this citation should be revoked. I also believe the stalls should be repainted so this type of error does not occur to some other driver who may not have the time, money, etc. that may arise.

Sincerly, Chris

 

[Zigner]

Maybe I can make it clearer; I appealed the citation. The finding of the citation appeal was denied. The paper sent to me regarding the denied appeal says, "If you wish to contest a denial of appeal, you may request an administrative review." That is what I have now done. The remarks from the Chief of Police were, "Students may not park in faculty/stasf (sic) parking stalls." No more, no less.

To Zigner; I am not trying to win a fight. Time doesn't matter, and there is no aggravation involved (other than from your responses ). I believe with no clear marking on the stalls, neither with signs nor paint, this citation should be revoked. I also believe the stalls should be repainted so this type of error does not occur to some other driver who may not have the time, money, etc. that may arise.

Sincerly, Chris

Then, easy enough... Request the Administrative Review

 

[CdwJava]

You have, I believe, 30 days from the denial of your administrative appeal to file a notice of appeal with the local Superior Court. This will cost you a filing fee that could be refunded if you prevail. If you lose, you may be liable for the filing fee and additional costs associated with the trial.

The specific process and fee will depend on your county and court.

EDIT: This is governed by CVC 40230 ... the fee should be $25.

40230. (a) Within 30 calendar days after the mailing or personal
delivery of the final decision described in subdivision (b) of
Section 40215, the contestant may seek review by filing an appeal to
be heard by the superior court where the same shall be heard de novo,
except that the contents of the processing agency's file in the case
shall be received in evidence. A copy of the notice of parking
violation or, if the citation was issued electronically, a true and
correct abstract containing the information set forth in the notice
of parking violation shall be admitted into evidence as prima facie
evidence of the facts stated therein. A copy of the notice of appeal
shall be served in person or by first-class mail upon the processing
agency by the contestant. For purposes of computing the
30-calendar-day period, Section 1013 of the Code of Civil Procedure
shall be applicable. A proceeding under this subdivision is a limited
civil case.
(b) The fee for filing the notice of appeal is twenty-five dollars
($25). The court shall request that the processing agency's file on
the case be forwarded to the court, to be received within 15 calendar
days of the request. The court shall notify the contestant of the
appearance date by mail or personal delivery. The court shall retain
the twenty-five dollar ($25) fee regardless of the outcome of the
appeal. If the court finds in favor of the contestant, the amount of
the fee shall be reimbursed to the contestant by the processing
agency. Any deposit of parking penalty shall be refunded by the
processing agency in accordance with the judgment of the court.
(c) The conduct of the appeal under this section is a subordinate
judicial duty that may be performed by traffic trial commissioners
and other subordinate judicial officials at the direction of the
presiding judge of the court.
(d) If no notice of appeal of the processing agency's decision is
filed within the period set forth in subdivision (a), the decision
shall be deemed final.
(e) If the parking penalty has not been deposited and the decision
is against the contestant, the processing agency shall, after the
decision becomes final, proceed to collect the penalty pursuant to
Section 40220.


- Carl

 

[reayx5]

Thanks everyone for your input. I'll be having the hearing on June 20th. I'll post the outcome soon after.

All the best, Chris

 

[reayx5]

The verdict

OK... had my hearing. I gave my side of the case - the Head of Campus Parking said he would visit the area of the infraction at the same time I had stated I had parked (although I told him the time of day was not a factor). Why he hadn't already done this, I don't know.

Received a letter today saying the appeal was not granted. My $20.00 bond was to be held by the college. But the final sentence of the letter was the "icing on the cake";

"We will be repainting the parking stalls as the paint has degraded to the point where it may be difficult to see."

Wasn't that special. Well... I still thank those of you who took the time to advise me.

Best wishes, Chris

 

[The Occultist]

Well look on the bright side. You may not have won, but you did stir up enough of a storm that something was done about a bad situation, and now people in the future will be less likely to get trapped into that situation.

 

[reayx5]

Well look on the bright side. You may not have won, but you did stir up enough of a storm that something was done about a bad situation, and now people in the future will be less likely to get trapped into that situation.

My view exactly. Of course I'm pleased that the fine was only $20.00 (not that $20.00 is nothing), but, as you say, I wouldn't like to see an actual student be put in that situation. I feel as if something good came from this.

All the best, Chris