parking on handicap x-hatch in my residence parking lot

[gabromail]

What is the name of your state? CA

Hi, I got this surprise yesterday night at 9.55pm after I parked the car on the hatch zone next to the handicap parking spot, to unload the groceries from my car to my apartment ( my balcony is at ground floor 2 yards from the hatch zone, and I have been order from my physician not to lift and carry for long distances any heavy weight because of my back pain ). Besides that, the fact that I was in a private parking lot, property of my apartment complex, I wonder why it is business of the parking enforcement officer. Moreover I was forced to parked there because there was no other parking spot available, except for the handicap one, and most of the cars parked in the other residents only parking spots were of course not resident’s vehicles.
Do you have suggestion on how to fight this ticket?
Thank you

 

[BelizeBreeze]

What is the name of your state? CA

Hi, I got this surprise yesterday night at 9.55pm after I parked the car on the hatch zone next to the handicap parking spot, to unload the groceries from my car to my apartment ( my balcony is at ground floor 2 yards from the hatch zone, and I have been order from my physician not to lift and carry for long distances any heavy weight because of my back pain ). Besides that, the fact that I was in a private parking lot, property of my apartment complex, I wonder why it is business of the parking enforcement officer. Moreover I was forced to parked there because there was no other parking spot available, except for the handicap one, and most of the cars parked in the other residents only parking spots were of course not resident’s vehicles.
Do you have suggestion on how to fight this ticket?
Thank you

Yes, quit using excuse for your obvious violation of the law.

 

[seniorjudge]

Q: Do you have suggestion on how to fight this ticket?

A: In your post, you admitted to violating the law. Tell us what you had in mind for a defense?

(Actually, the ONLY defense in this kind of case is "I did NOT do it!")

 

[xylene]

Handicapped designated spaces on private property accesible to motor traffice are subject to enforcement by police/municiple authorities. No defense.

If you were suffering form a disability you needed to get a short term hang tag. You cna't do this after the fact. No defense,

The unavailibilty of legal parking is not a defense for illegal parking.

Your complexes problems with unauthorized parking is also not a defense

 

[You Are Guilty]

OP: I'm in a similar situation. I had just come back from my dealer's house and as usual, there was no parking available near my apartment - all the cars belong to non-residents. So, because of my ingrown toenail, I can't walk long distances (confirmed by my chiropractor), and so I parked my car for literally like 5 minutes on the front steps of my building. Even though there was no sign saying "no parking" on the steps, and my apartment is the first door after the entrance, I got a ticket!! I'm contesting it using the non-compos mentis (?) defense I read about on the web. Maybe that will work for you?

 

[seniorjudge]

OP: I'm in a similar situation. I had just come back from my dealer's house and as usual, there was no parking available near my apartment - all the cars belong to non-residents. So, because of my ingrown toenail, I can't walk long distances (confirmed by my chiropractor), and so I parked my car for literally like 5 minutes on the front steps of my building. Even though there was no sign saying "no parking" on the steps, and my apartment is the first door after the entrance, I got a ticket!! I'm contesting it using the non-compos mentis (?) defense I read about on the web. Maybe that will work for you?

That defense is technically called the PWS Defense.

 

[racer72]

That defense is technically called the PWS Defense.

The Peruvian Anal Roundworm defense has worked for me.

 

[seniorjudge]

The Peruvian Anal Roundworm defense has worked for me.

PWS: Parking While Stupid

 

[gabromail]

OP: I'm in a similar situation. I had just come back from my dealer's house and as usual, there was no parking available near my apartment - all the cars belong to non-residents. So, because of my ingrown toenail, I can't walk long distances (confirmed by my chiropractor), and so I parked my car for literally like 5 minutes on the front steps of my building. Even though there was no sign saying "no parking" on the steps, and my apartment is the first door after the entrance, I got a ticket!! I'm contesting it using the non-compos mentis (?) defense I read about on the web. Maybe that will work for you?

Thanks for the advice; can you post a link?
Ok, let's say this. I would have felt guilty if I parked on the handicap spot, but there was so much space left for anyone that have would have parked in hanicap spot to get out; and the car was there for such a short time in a so late hour that 355$ are too much. Moreover, I have physical condition for which I feel I was at least not wrong if not completely right to park there. Anyway, what about the fact that the type of vehicle is wrong on the ticket? Anywhere I can go with that?
Anyways, thanks for the advice and the "insults"

 

[moburkes]

First, you don't know that there was enough room for a vehicle with a proper handicap sticker/placard to park there. You don't know the type of disability this person may have had, and the type of equpiment needed to get that person to the ground. So, don't assume. Regardless of what you THOUGHT, there is no law that allowed you to park where you did, for any reason. You owe the ticket. Now, you know that you should either let someone else drive you to the grocery store and carry in your groceries, or use one of those carts to carry in your groceries, and park in a proper space, or get your groceries delivered. Any of the above options would have cost less than the ticket.

 

[moburkes]

By the way...
compos mentis

Mentally competent. The person referred to is legally sane and can stand trial. As opposed to non compos mentis.

 

[CdwJava]

Ok, let's say this. I would have felt guilty if I parked on the handicap spot, but there was so much space left for anyone that have would have parked in hanicap spot to get out; and the car was there for such a short time in a so late hour that 355$ are too much. Moreover, I have physical condition for which I feel I was at least not wrong if not completely right to park there. Anyway, what about the fact that the type of vehicle is wrong on the ticket? Anywhere I can go with that?

This is not a legal justification for the violation. The law does not spell out an exception permitting parking in these spaces for late hours if no one else is there and only for a short time. And the chances are very good that the panel hearing your contested citation will have heard that argument before.

Parking citations in CA are handled by a panel of administrators or bureaucrats and not in court. If you want to go before the panel and beg for mercy, make the arrangements to contest the citation. You will almost certainly have to deposit the bail in full with the city before the hearing (and they will cash the check before the hearing). In my experience the hearing results in either a conviction or a dismissal - there is no reducing of the fine.

You have no good defense. Sorry.

- Carl

 

[gabromail]

Thanks for the advices and comments, more helpful than those I got before.
I have one mopre question: does this tickect affect my driving record? If so, is there any way to be able to go to a traffic school at least?
Thanks again
Gab

 

[moburkes]

A parking ticket does not affect your driving record. Think about it. They don't know WHO parked the vehicle illegally, only that it was registered to you.

 

[CdwJava]

No, it does not go on your driving record, and no, you cannot go to traffic school. It's largely a civil matter between you and the city.

- Carl