Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Parking Tickets and Non-Moving Violations

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 05-14-2009, 11:42 AM
Member
 
Join Date: May 2009
Posts: 68

Lured into a Ticket, to Earlier Owner?


I'm in California. I parked for a few minutes on a street in a somewhat familiar area, behind a large vehicle. I already knew it's legal to park in the little-used area during the day, so I did not walk past any signs to double-check. When I returned, the other vehicle was gone and a parking officer was taking down my license plate number.

Or that of the out-of-state previous owner, I should say, as I haven't yet made the changes since purchase. I asked for a break and pointed that out. I also tried to explain that a vehicle had been there (during the violation period) and that I never saw any notice of street cleaning (strangely in the middle of the day on a main street). That led to some official rudeness and of course a ticket.

As matter of facts, the wrong side of the street is noted on the ticket and the VIN is "NV," even though it seems easily readable to me. Can I even be traced? If not, sooner or later the previous owner will receive a notice. I plan to contest the ticket for various reasons, including its excessive amount. Any advice or predictions?
    Reply With Quote
  #2  
Old 05-14-2009, 11:51 AM
Member
 
Join Date: Oct 2008
Location: Raleigh, NC
Posts: 421
Lured ???? into a ticked..... oh please. Any advice or predictions?

My crystal ball predicts you will have to pay the fine, and any additional penalties if you don't pay it on time.

You didn't check where you were parking, to look at the parking signs. You'll have no defense to that. You feel the fine is excessive, well that is the fine and you'll have no legitimate argument to that.

They'll be able to track the plate thru to you, so it's possible to catch you at some point down the road, sooner or later.

Pay the fine, move on and learn a lesson. Take responsibility for your actions.
__________________
Kiawah

Last edited by Kiawah; 05-14-2009 at 12:03 PM.
    Reply With Quote
  #3  
Old 05-14-2009, 12:04 PM
Member
 
Join Date: May 2009
Posts: 68
I'd offer to pay a lesser fine, but I've never heard of negotiating a fine. How are you so sure they could trace me? I am not sure the previous owner license plate goes into the system, and who knows if his state could or would help connect that plate to me. My guess is that the ticket would simply be sent to the previous owner and that the burden of proof would be on him, which I hinted at to the officer. Besides, the latter was a d*ck and also didn't bother to do his job properly. I forgot one important detail - supposedly the law here requires the VIN to be written on the ticket, unless it truly is not readable, I assume.

Last edited by reactive; 05-14-2009 at 12:11 PM.
    Reply With Quote
  #4  
Old 05-14-2009, 01:21 PM
Senior Member
 
Join Date: Jan 2001
Posts: 12,019
Quote:
the VIN is "NV," even though it seems easily readable to me.
I'm going to take a wild guess and say that the vehicle has Nevada license plates.
__________________
If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

No private messages, I do not reply to them.
    Reply With Quote
  #5  
Old 05-14-2009, 01:34 PM
Senior Member
 
Join Date: Jan 2005
Posts: 21,351
Quote:
Originally Posted by reactive View Post
I forgot one important detail - supposedly the law here requires the VIN to be written on the ticket, unless it truly is not readable, I assume.
When you find that section of the LAW, let us know.


It's not good to ASSume.
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
    Reply With Quote
  #6  
Old 05-14-2009, 01:58 PM
Member
 
Join Date: May 2009
Posts: 68
What's with the hostility? "Assume" was a reference to an exception if the VIN isn't visible. The law is referenced at [url]http://cbs13.com/consumer/call.kurtis.bogus.2.861208.html[/url] . (Which I can't make clickable, sorry.) And, no, the plate isn't from Nevada. Now do you think I have a good chance? If the previous owner gets hassled, he probably could get out of it, but I don't want him to have to deal with it.
    Reply With Quote
  #7  
Old 05-14-2009, 02:10 PM
Senior Member
 
Join Date: Jan 2005
Posts: 21,351
Quote:
Originally Posted by reactive View Post
What's with the hostility? "Assume" was a reference to an exception if the VIN isn't visible. The law is referenced at [url=http://cbs13.com/consumer/call.kurtis.bogus.2.861208.html]Call Kurtis Investigates: Bogus Tickets - cbs13.com[/url] . (Which I can't make clickable, sorry.) And, no, the plate isn't from Nevada. Now do you think I have a good chance? If the previous owner gets hassled, he probably could get out of it, but I don't want him to have to deal with it.
There is no law referenced at that location. Try again.
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
    Reply With Quote
  #8  
Old 05-14-2009, 02:22 PM
Member
 
Join Date: May 2009
Posts: 68
"All officers are trained to take VIN (vehicle identification numbers), if available," Andalon told Kurtis. "But if it's covered, a lot of dashboards are covered with newspapers and paper, you're not able to get a VIN."

It's implicit there. I have seen the statute online, too, but I didn't bookmark it. Stop being hostile. It doesn't help anyone.
    Reply With Quote
  #9  
Old 05-14-2009, 02:31 PM
Senior Member
 
Join Date: Jan 2005
Posts: 21,351
Quote:
Originally Posted by reactive View Post
"All officers are trained to take VIN (vehicle identification numbers), if available," Andalon told Kurtis. "But if it's covered, a lot of dashboards are covered with newspapers and paper, you're not able to get a VIN."

It's implicit there. I have seen the statute online, too, but I didn't bookmark it. Stop being hostile. It doesn't help anyone.
What is implicit is that one spokes-hole says that officers are trained to enter the VIN number. There is NOTHING that you have posted that says there is any legal requirement.

And, quite frankly, I think it's asinine that you are whining about a parking ticket that you RIGHTFULLY received!
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
    Reply With Quote
  #10  
Old 05-14-2009, 02:39 PM
Member
 
Join Date: May 2009
Posts: 68
I'm not making it up. I trust your claim of Google expertise and am sure you can find the statute online. Whether that means I can get a dismissal, I'd still like to know.

You're welcome to your opinion about "whining," but I believe anyone in that situation would have been surprised and unhappy to receive a ticket. People get tickets for much more egregious mistakes than that, and heck the lack of a VIN was dumber than my behavior. The parking officer could have been nicer and let me off, but maybe they're generally nasty.
    Reply With Quote
  #11  
Old 05-14-2009, 02:43 PM
Senior Member
 
Join Date: Jan 2005
Posts: 21,351
Quote:
Originally Posted by reactive View Post
I'm not making it up. I trust your claim of Google expertise and am sure you can find the statute online. Whether that means I can get a dismissal, I'd still like to know.

You're welcome to your opinion about "whining," but I believe anyone in that situation would have been surprised and unhappy to receive a ticket. People get tickets for much more egregious mistakes than that, and heck the lack of a VIN was dumber than my behavior. The parking officer could have been nicer and let me off, but maybe they're generally nasty.
Ok, fine then. I will tell you - there is no such requirement.

Feel free to prove me wrong. I won't hold my breath.
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
    Reply With Quote
  #12  
Old 05-14-2009, 03:41 PM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,343
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
There is no law in California that requires a VIN to be written on a parking citation or any other citation. The VIN is merely to help clarify or verify a vehicle if an allegation is made that the vehicle was stolen, the plates were stolen, etc.

Whether they can trace it back or not is a good question. If they run it through the state of registration, the current registered and legal owners will eventually be notified of the citation and, quite possibly, the civil action being taken against them for paying the fine. I suspect that eventually those plates will come back to you.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
    Reply With Quote
  #13  
Old 05-14-2009, 04:16 PM
Member
 
Join Date: May 2009
Posts: 68
[url=http://dmv.ca.gov/pubs/vctop/d17/vc40202.htm]V.C. Section 40202 - Notice of Parking Violation[/url]

The state's forms probably do not ask for the old plate number, meaning the associated information would be retrieved from out of state. I doubt the other state knows the vehicle was sold.

Last edited by reactive; 05-14-2009 at 04:32 PM.
    Reply With Quote
  #14  
Old 05-14-2009, 04:27 PM
Senior Member
 
Join Date: Jan 2005
Posts: 21,351
Quote:
Originally Posted by reactive View Post
[url=http://dmv.ca.gov/pubs/vctop/d17/vc40202.htm]V.C. Section 40202 - Notice of Parking Violation[/url]

The state's forms probably do not ask for the old plate number, meaning the assocation information would be retrieved from out of state. I doubt the other state knows the vehicle was sold.
EXCELLENT. Here is the text. Now, tell my how your citation would be invalidated (since the cite states it was "not visible" (NV) )

40202. (a) If a vehicle is unattended during the time of the
violation, the peace officer or person authorized to enforce parking
laws and regulations shall securely attach to the vehicle a notice of
parking violation setting forth the violation, including reference
to the section of this code or of the Public Resources Code, the
local ordinance, or the federal statute or regulation so violated;
the date; the approximate time thereof; the location where the
violation occurred; a statement printed on the notice indicating that
the date of payment is required to be made not later than 21
calendar days from the date of citation issuance; and the procedure
for the registered owner, lessee, or rentee to deposit the parking
penalty or, pursuant to Section 40215, contest the citation. The
notice of parking violation shall also set forth the vehicle license
number and registration expiration date if they are visible, the last
four digits of the vehicle identification number, if that number is
readable through the windshield, the color of the vehicle, and, if
possible, the make of the vehicle. The notice of parking violation,
or copy thereof, shall be considered a record kept in the ordinary
course of business of the issuing agency and the processing agency
and shall be prima facie evidence of the facts contained therein.
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
    Reply With Quote
  #15  
Old 05-14-2009, 04:47 PM
Member
 
Join Date: May 2009
Posts: 68
That's a problem. Other than common sense (it was on the street in daylight, that model of car has the VIN in the standard location, and a newly purchased car presumably isn't cluttered), the most damning evidence would be by way of a photograph of the VIN that I don't want to give to the bureau. I could include both the text and the article noting that many citations improperly omit the VIN.
    Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 09:06 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.