The Hail Mary appeal

[DonWats72]

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

Note: This case is over a abandoned vehicle ordinance, The ordinance classifies any vehicle that dose not have current inspection stickers, or is not registered is considered a junk abandoned vehicle even if the vehicle is parked on ones own property. I tried to argue that the definition the borough was using to define a junk abandoned vehicle was badly flawed and in conflict with the states definition (posted below). The definition of a junk/abandoned vehicle by the state of PA is reasonably in my opinion. The borough ordinance denies anyone to park a vehicle in there own driveway without all the required stickers etc without exception. Considering that vehicle registrations is nothing more that a highway tax, it is simply stupid. To say to a home owner you can not park a vehicle in there own driveway because you dont pay highway tax when you do not drive on public streets just dont make any scene, and the same goes for inspection, insurance. None of these are an issue in PA state law until you enter a public roadway.

PA TITLE 67 CHAPTER 253.2
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Definition of junk vehicle: (PA CHAPTER 253.2 of TITLE 67)
Lacks essential parts to the extent that the costs of repairs would exceed the value of the repaired vehicle.
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The other issue that I tried to argued was involving the borough officer that came to my house. Basically he was giving me a chance to remove the truck, and tried to resolve this without incident. I disagreed with him stating this is my house and my truck, and I feel I have a right to park it in my driveway no matter what the borough thinks. Keep in mind this was all a peaceful conversation, and it ended peacefully. In the end the officer stated to me that if I feel so strongly about this that after the 10 days that he was giving me to move the truck was up, that he would not tow it, and that he would let me have my day in court. So, I said "See you in court then". The problem is that in the 10 mins we spoke on my front porch he never mention the fine ( THE FINE OF $1,130 )!! Now I'm not claiming that he in a intentional manner mislead me, but he certainly made it seem that I could have my day in court and that the court would decide if or if not my truck is going to be consider a junk/abandoned vehicle. Again he never once mention the fine, nor did the paperwork sent to my house.. nothing...

Also note: My truck is almost a classic, or antique (24 years old) and is perfect working condition. It has no rust, dent, scratches new tires and was painted in 2006 by a very good collision repair shop, The truck looks as good as it did the day it was bought from the dealer 24 years ago.

When the officer told me that he would not tow my truck after the 10 days was up, and allow me my day in court did he not deprive me "due process of law" under the fifth amendment? It was the failing to mention the $1,130 fine part that im thinking is the depriving part?

Also, Its turns out the borough has a representative that handles these hearing and the officer that came to my house was not even in court. I asked the officer standing on my front porch who the complaintive was he and stated that he was. As if this Hail Mary even has a chance to begin with, wouldn't I need to subpena this officer to the appeal hearing? Could I even do this?


Id appreciate any advice on how I should go about the appeal, I really can not afford $1,130 just for parking in my own driveway...


Thanks

[I_Got_Banned]

You can argue that the ordinance is "unreasonable" but as long as it was in effect when you were cited and if it remains in effect while you're making your argument, then it applies. Get it repealed and you might have the citation dismissed but until then, the ordinance is enforcable. Just my 2 cents.

[tranquility]

There is nothing inherently wrong with a city/county/bourogh defining something differently than the state. When the state ordinance/law is cited for violation, the state definition will rule. The other entity's law, the other entity's.

The fine is there no matter what. You had the officer do you a favor as you would have had to pay the towing fee on top of the fine otherwise.

I think you have zero chance on your appeal.

[Zigner]

It's not unreasonable to expect that a vehicle parked in public view have the proper registration...

[DonWats72]

Originally Posted by I_Got_Banned

You can argue that the ordinance is "unreasonable" but as long as it was in effect when you were cited and if it remains in effect while you're making your argument, then it applies. Get it repealed and you might have the citation dismissed but until then, the ordinance is enforcable. Just my 2 cents.

I've lived here all my life and know seemingly everyone, and can honestly say that almost no one agrees with the borough wording of the ordinance, but getting it change would take every last drop of energy I've got.. I wouldn't even know where to begin.. This ordinance was suppose to be for removal of junk/abandoned vehicle in which case most everyone would support that including me. However, it was worded in a manner that gave the borough/police total power over such things, and they are using it in a fashion that was or would never have been agreed on by the people.

Originally Posted by tranquility

The fine is there no matter what. You had the officer do you a favor as you would have had to pay the towing fee on top of the fine otherwise.

I had from the time the officer came to my house, till the time the notice arrived in the mail a week later plus the 10 days to move or make the truck legal. That might better explain this, because I would have done something about this if it wasnt for the officer almost encouraging me to fight it out in court. I understand it may not be a defence, but.. gezz

Originally Posted by Zigner

It's not unreasonable to expect that a vehicle parked in public view have the proper registration...

Registration is just a highway tax, why would someone have to pay a highway tax if they dont use the public roads. You have to wonder why the state itself has never crossed that line into person property. Maybe because way back when this country still believed in personal freedoms and Liberties. I own the house and have a paved driveway for my truck. It is not sitting on the grass rusting away, it is not a eye sore, and it is not a environmental issue of any sort. It's not unreasonable to expect that I can park my own truck in my own driveway.


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I guess I'll pray that no one shows up for the appeal, else argue that the ordinance is "unreasonable". If that dosnt work Im going to make good on all court cost and fees, but refuse to pay the fine until they take it from me the hard way.. I just dont have it in me to comply with something thats as unreasonable as this.


Thanks for all of your response's, I know almost nothing about the law or procedures of the court room.. Im just trying to figure this out..


$1,130 for parking in my own driveway**************

[FarmerJ]

If your not going to keep license tabs current on a vehicle then it should be in a garage or if allowed on a trailer that has a valid plate. The way to change a local ord is to start with other residents and turn it into a issue so that way city/town councils will respond. start by not only complaining to your town council BUT consider doing a petition if you have to. Like it or not your town council members are politicians and should expect to be treated like them.