What is the name of your state? California
In March I received a notice in the mail from UCLA about a parking violation which I had no knowledge of. On the back of the notice was a statement that if I wanted to contest the violation I must do so within 21 days of receving the violation. Since I had never received the violation I assumed it was within 21 days of receiving the notice. I proceeded to write a letter contesting the violation, requesting a copy, and asking for clarification as the CVC cited on the violation didn't have any language about an "altered permit" which was what my violation stated it was for. I sent the letter within the 21 days.
After 2 months I had not received a response and called to ask for an update. I was told they were processing my request. I called again a month later and received the same response. 166 days later I received a letter with a single sentence stating my desire to contest was received more than 14 days after the notice and thus they would not even review it for contesting. Additionally they had placed the fine with the DMV which held my registration which happened to be due that week (coincidence?).
Questions:
As I see it the agency violated the CVC 3 times: 1st they failed to include the exact notification required by CVC 40207 which would have included the fact I only had 14 days from the mailing of the notice to contest. 2nd they failed to send me a copy of the ticket, as I request, within 15 days as required by CVC 40206.5. And 3rd they notified the DMV which is not allowed until they comply with my request for a copy per CVC 40206.5.
My question is, what is my legal recourse? Can I sue them in small claims court? I have sent a follow up letter (priority mail, return receipt) outlining the violations above and requesting an immediate dismissal. I can not afford to wait another 166 days for a response given my registration is on hold. How should I proceed?
In March I received a notice in the mail from UCLA about a parking violation which I had no knowledge of. On the back of the notice was a statement that if I wanted to contest the violation I must do so within 21 days of receving the violation. Since I had never received the violation I assumed it was within 21 days of receiving the notice. I proceeded to write a letter contesting the violation, requesting a copy, and asking for clarification as the CVC cited on the violation didn't have any language about an "altered permit" which was what my violation stated it was for. I sent the letter within the 21 days.
After 2 months I had not received a response and called to ask for an update. I was told they were processing my request. I called again a month later and received the same response. 166 days later I received a letter with a single sentence stating my desire to contest was received more than 14 days after the notice and thus they would not even review it for contesting. Additionally they had placed the fine with the DMV which held my registration which happened to be due that week (coincidence?).
Questions:
As I see it the agency violated the CVC 3 times: 1st they failed to include the exact notification required by CVC 40207 which would have included the fact I only had 14 days from the mailing of the notice to contest. 2nd they failed to send me a copy of the ticket, as I request, within 15 days as required by CVC 40206.5. And 3rd they notified the DMV which is not allowed until they comply with my request for a copy per CVC 40206.5.
My question is, what is my legal recourse? Can I sue them in small claims court? I have sent a follow up letter (priority mail, return receipt) outlining the violations above and requesting an immediate dismissal. I can not afford to wait another 166 days for a response given my registration is on hold. How should I proceed?
