Parking lot owner gone... city gives out tickets??

[eshman]

I got a citation tonight for parking in a disabled spot, violation code CVC 22507.8 in California. I plan on fighting it if I have a strong case.

The parking lot I parked in just recently changed owners or something. Whatever it is, they no longer have pay meters and they stopped paying their electricity bill so the lights are off at night time.

I parked in a handicapped stall thinking it wouldn't matter anymore since there is no evident owner to give me a ticket. After doing some research tonight I realized that the city still can give out tickets.

Is there ANY possibility to appeal this?
I'm a student and I can't afford a $440 fine. Is it even possible to write to the city and ask to put in hours instead of money??

Appreciate any help I get here.

 

[CdwJava]

The city will not likely accept community service in lieu of a fine. Sorry.

You might be able to contest the parking cite based upon improper markings ... if the space was not marked properly. But, otherwise, you may have little to say on the matter.

 

[eshman]

I think I just might be able to fight it.

California Vehicle Code 22507.8:

(a) It is unlawful for any person to park or leave
standing any vehicle in a stall or space designated for disabled
persons and disabled veterans pursuant to Section 22511.7 or 22511.8
of this code or Section 14679 of the Government Code, unless the
vehicle displays either a special identification license plate issued
pursuant to Section 5007 or a distinguishing placard issued pursuant
to Section 22511.55 or 22511.59.
(b) It is unlawful for any person to obstruct, block, or otherwise
bar access to those parking stalls or spaces except as provided in
subdivision (a).
(c) It is unlawful for any person to park or leave standing any
vehicle, including a vehicle displaying a special identification
license plate issued pursuant to Section 5007 or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59, in either of
the following places:
(1) On the lines marking the boundaries of a parking stall or
space designated for disabled persons or disabled veterans.
(2) In any area of the pavement adjacent to a parking stall or
space designated for disabled persons or disabled veterans that is
marked by crosshatched lines and is thereby designated, pursuant to
any local ordinance, for the loading and unloading of vehicles parked
in the stall or space.
(d) Subdivisions (a), (b), and (c) apply to all offstreet parking
facilities owned or operated by the state, and to all offstreet
parking facilities owned or operated by a local authority.
Subdivisions (a), (b), and (c) also apply to any privately owned and
maintained offstreet parking facility.


from CVC Section 12000:

12500.
(c) No person shall drive a motor vehicle in or upon any offstreet
parking facility, unless the person then holds a valid driver's
license of the appropriate class or certification to operate the
vehicle. As used in this subdivision, "offstreet parking facility"
means any offstreet facility held open for use by the public for
parking vehicles and includes any publicly owned facilities for
offstreet parking, and privately owned facilities for offstreet
parking where no fee is charged for the privilege to park and which
are held open for the common public use of retail customers.

As I said before, the lights are all out and its completely dark there. This can create an unsafe driving condition which would mean it isn't "help open".

 

[The Occultist]

If it wasn't held opened, then it would be blocked off, and if it was blocked off, you would be trespassing by parking there. Nice try, though.

 

[CdwJava]

It was held open. As was said, if it was not closed,it was open.