Los Angeles parking citation appeal

[rizza21]

What is the name of your state (only U.S. law)? California
Hello this was my first time appealing anything.
I just had an appeal affirmed or not reversed because I didn't know or no one told me that I had to serve the processing agency that I was appealing. The citation was a 5204 display of tabs. I had all the evidence and paperwork. They told me I could not do anything more because it was an appeal. I like to know what I can do now and how possibly to re-appeal. If anymore info is needed feel free to message. Help is much appreciated.

Thank you.

 

[rizza21]

Better place to post this ?

Thank you.

 

[CdwJava]

What were you appealing?

Did you mean that you were challenging a parking citation? Or, challenging a moving citation for VC 5204?

Have you already had a hearing for the parking citation or a court hearing/trial for the moving citation?

 

[rizza21]

What were you appealing?

Did you mean that you were challenging a parking citation? Or, challenging a moving citation for VC 5204?

Have you already had a hearing for the parking citation or a court hearing/trial for the moving citation?

it was the parking agency's outcome or not reversing the citation I was appealing.

I was challenging the outcome of the Los Angeles parking violations bureau decision.

Yes I have already had a hearing and need to know all options I can do now.
The appeal was affirmed or not reversed because I did not know or no one told me that I had to serve the processing agency that I was appealing.

 

[CdwJava]

it was the parking agency's outcome or not reversing the citation I was appealing.

I was challenging the outcome of the Los Angeles parking violations bureau decision.

Yes I have already had a hearing and need to know all options I can do now.
The appeal was affirmed or not reversed because I did not know or no one told me that I had to serve the processing agency that I was appealing.

Are you appealing to the court? Or, to some other agency?

You may still have an an opportunity to try it again, but doing it properly.

I'm curious, why do you think the citation was improper? VC 5204 requires that the tabs BE ATTACHED to the vehicle. The only real defense to the violation is that the tabs WERE attached. It may be a waste of time and effort to pursue a court hearing unless you can show that you did, indeed, have tabs on the license plate at the time of the parking citation.

5204. (a) Except as provided by subdivisions (b) and (c), a tab
shall indicate the year of expiration and a tab shall indicate the
month of expiration. Current month and year tabs shall be attached to
the rear license plate assigned to the vehicle for the last
preceding registration year in which license plates were issued, and,
when so attached, the license plate with the tabs shall, for the
purposes of this code, be deemed to be the license plate, except that
truck tractors, and commercial motor vehicles having a declared
gross vehicle weight of 10,001 pounds or more, shall display the
current month and year tabs upon the front license plate assigned to
the truck tractor or commercial motor vehicle. Vehicles that fail to
display current month and year tabs or display expired tabs are in
violation of this section.
(b) The requirement of subdivision (a) that the tabs indicate the
year and the month of expiration does not apply to fleet vehicles
subject to Article 9.5 (commencing with Section 5300) or vehicles
defined in Section 468.
(c) Subdivision (a) does not apply when proper application for
registration has been made pursuant to Section 4602 and the new
indicia of current registration have not been received from the
department.
(d) This section is enforceable against any motor vehicle that is
driven, moved, or left standing upon a highway, or in an offstreet
public parking facility, in the same manner as provided in
subdivision (a) of Section 4000.​

 

[rizza21]

Yes as I said I have all the evidence pictures paperwork etc.

It was appealed at the Los Angeles superior court.

I would like to appeal this case and have a reversed decision.

 

[CdwJava]

Yes as I said I have all the evidence pictures paperwork etc.

It was appealed at the Los Angeles superior court.

I would like to appeal this case and have a reversed decision.

Check with the court about refiling. Unless the time for the appeal has expired, you should be able to resubmit.

I'm surprised you would have gotten a parking cite for 5204 if both the month and year tabs were on the plate and both legible at the time. Is that what you claim happened? I suspect the city's position is that at the time of the citation the tabs were not present ... that might be hard to refute.

But, call the court and ask if you can re-file. If not, there may not be much to do.

 

[rizza21]

I'm surprised you would have gotten a parking cite for 5204 if both the month and year tabs were on the plate and both legible at the time. Is that what you claim happened? I suspect the city's position is that at the time of the citation the tabs were not present ... that might be hard to refute.

It was clearly a mistake. I was given a parking permit sticker to use meanwhile before this years tabs were received by me. The permit sticker wasn't close to its expiration date at the time of the citation as documents show.

 

[Zigner]

It was clearly a mistake. I was given a parking permit sticker to use meanwhile before this years tabs were received by me. The permit sticker wasn't close to its expiration date at the time of the citation as documents show.

What do you mean by "parking permit sticker"?

 

[CdwJava]

It was clearly a mistake. I was given a parking permit sticker to use meanwhile before this years tabs were received by me. The permit sticker wasn't close to its expiration date at the time of the citation as documents show.

A "parking permit sticker" - whatever that might be - does NOT exempt you from the requirements of the state Vehicle Code. Yes, you may have had a right to park where you were, but you were not cited for unlawful parking, but for not having valid registration tabs.

As I said, unless you can show that VALID TABS were on your rear license plate at the time of the citation (which would make it very unusual to get cited for that offense) then you lose. The only exception would be if you had a valid temporary registration issued by the DMV (a pink slip with a number on it) clearly posted in front or back.

 

[rizza21]

A "parking permit sticker" - whatever that might be - does NOT exempt you from the requirements of the state Vehicle Code. Yes, you may have had a right to park where you were, but you were not cited for unlawful parking, but for not having valid registration tabs.

As I said, unless you can show that VALID TABS were on your rear license plate at the time of the citation (which would make it very unusual to get cited for that offense) then you lose. The only exception would be if you had a valid temporary registration issued by the DMV (a pink slip with a number on it) clearly posted in front or back.

Thats what the dmv calls it lol a permit as it says on the white colored sticker itself. It was a real hassle just to renew and with the smog check. For some reason they just couldn't give me the permanent green colored sticker.

When I chose for an administrative review to dispute it at first I sent in that temporary registration. Even before this citation they accepted this registration on a citation that was correctly issued weeks before.

 

[Zigner]

Thats what the dmv calls it lol a permit as it says on the white colored sticker itself.

Those permits aren't white...

It was a real hassle just to renew and with the smog check.

Yeah I know...I mean...3 months just doesn't leave enough time for all the things that need to be done...

For some reason they just couldn't give me the permanent green colored sticker.

Maybe because your registration wasn't complete?

When I chose for an administrative review to dispute it at first I sent in that temporary registration. Even before this citation they accepted this registration on a citation that was correctly issued weeks before.

Why don't you have the correct tag?

 

[CdwJava]

Thats what the dmv calls it lol a permit as it says on the white colored sticker itself.

What "white colored sticker?"

Was this a travel permit?

It was a real hassle just to renew and with the smog check. For some reason they just couldn't give me the permanent green colored sticker.

Either fees weren't paid up, there was an unsatisfied lien, smog didn't clear, or there was some other issue. They SHOULD have issued you the temporary registration which is a PINK (or red, if you prefer) rectangle of paper that you affix to a window.

When I chose for an administrative review to dispute it at first I sent in that temporary registration. Even before this citation they accepted this registration on a citation that was correctly issued weeks before.

So, it was a temporary registration, not a "parking permit?"

IF the pink temporary registration was properly affixed and still valid at the time of the citation, and legible from the outside, then you might stand a chance of prevailing at a court hearing. Otherwise, probably not.

 

[davidmcbeth3]

It was clearly a mistake. I was given a parking permit sticker to use meanwhile before this years tabs were received by me. The permit sticker wasn't close to its expiration date at the time of the citation as documents show.

The hearing officer, whose conclusion will be given great deference to in a reviewing court (great deference), did not agree.

You shouldn't bother appealing IMO. You made your arguments & lost. It stinks but that is the way it works.

Complain to your legislatures and get the process changed.

 

[rizza21]

Maybe because your registration wasn't complete?

Why don't you have the correct tag?

it was completed and that citation that I received weeks earlier accepted that temporary registration as being valid for correction. Its like the guy he did the smog test wanted to give me a hard time by not sending it direct to the local dmv only to Sacramento.

What "white colored sticker?"

Was this a travel permit?

So, it was a temporary registration, not a "parking permit?"

the white colored sticker or tab if you call it for last year with 2011 on it that came with the temporary registration. This sticker was placed on the back plate for the whole month it was valid for.