Parking Ticket: car parked next to a not colored curb - No stopping posted?

[Cris_77]

State of California, City of San Jose.

I contested the citation because the car was regularly parked (at least from my point of view) in a zone where the curb was not colored between the red curb and yellow curb.

Look at the pictures at
[url]http://img17.imageshack.us/i/80463168.jpg/[/url]
[url]http://img36.imageshack.us/i/75550008.jpg/[/url]
[url]http://img3.imageshack.us/i/76022010.jpg/[/url]
[url]http://img41.imageshack.us/i/71057952.jpg/[/url]
If you copy and paste, be sure to paste the FINAL "/" after ".jpg" in the pic's URL.
You can zoom clicking on them

There were 2 "No stopping" signs. One was AFTER my car. The other was before my car, before the end of the red curb, before the bust station and before the fire hydrant.

So why did I get a ticket?
- I can think that they interpret that the NO stopping sign is still valid even if the curb is not painted.
In this case why to paint only the first part of the curb?
It looks like they did that so people can be tricked.
- I have just noticed in the last picture that there are some holes on the wall with some red tags... I didn't notice them. Could it been the problem?

I received a response with the result "initial review and notice of illegal parking" saying "A field investigation of the location where the parking ticket was issued has been conducted. It confirmed that the proper signs and/or markings for the violation cited are present".

For me it is unfair.
I can request a hearing. But what could I say?

Best,
Chris

[The Occultist]

I copy/pasted all 4 of those addresses and all of them resulted with "Image Not Found."

[Cris_77]

If you copy and paste be sure to paste the FINAL "/" in the pic URL.
Imageshack fault =P

[CdwJava]

I found them just fine.

What section were you cited for? (code numbers ...)

- Carl

[Cris_77]

11.36.080 mc no stopping-posted

[CdwJava]

Here is the section:

11.36.080 No-parking areas - Stopping, standing or parking prohibited.
No person shall stop, stand or park a vehicle in a no-parking area, so designated by the city traffic engineer and indicated by appropriate signs, or by painting the curb thereof red.
(Prior code § 3310.5.)

Apparently the committee that heard/read your appeal decided that the signs were properly posted. Whether you will prevail if you appeal it to the court or not is questionable. I am not positive off the top of my head, but if you appeal it to the court and you lose, you may also face court fees as well as the original fine.

Good luck.

- Carl

[efflandt]

Notice "appropriate signs, or by painting the curb thereof red"

The sign had no arrows on it to indicate a specific direction, therefore, it applies in both directions. What did the sign say before where you parked (you did not show that)?

[Cris_77]

For what I remember it was not different than the other one in front of the car.
Why painting half curb after the first sign and not the other half?

This is the Google Maps street view:
[url]http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=100+W+san+fernando,+san+jose&sll=37.579413,-95.712891&sspn=51.990588,97.207031&ie=UTF8&ll=37.332819,-121.892334&spn=0.006475,0.011866&t=h&z=17&iwloc=A&layer=c&cbll=37.332864,-121.89225&panoid=qCSHd9hLJmgKr459d_EPqw&cbp=12,160.49,,0,4.48[/url]

Does a guideline for painting curb exist? Can you argue that they painted the curb in a way that is misleading?

Thank you in advance

[I_Got_Banned]

Originally Posted by Cris_77

Can you argue that they painted the curb in a way that is misleading?

Uhm**************

Originally Posted by efflandt

Notice "appropriate signs, or by painting the curb thereof red"

[Alex23]

It appears that there are cars parked in the sidewalk cutaways. Maybe that's where you're supposed to park.\\

Also, there appear to be parking spaces on the previous block that are similar to yours, but are indicated by parking T's and have parking meeters.

I'm not un-sympathetic to your plight, just checking out how others parked.

Take a look at the other side of the street.