Is Possession is 9 tenths of the Law when it comes to Parking Tickets?

[Chipawaw2]

What is the name of your state (only U.S. law)? Washington DC



I allowed my neighbor to borrow my car for 3 hours as her car was broken and she needed to run some errands. It was during the daytime working hours so I didn’t see it as a problem. 2 weeks later I received 2 parking tickets in the mail for parking in a handicapped parking zone. Naturally I went directly to her and addressed the issue. She kept promising me the money over and over again, but never paid up. Then It doubled, she ducked me and at this point has jepordized my licence in a major way.

My concern is that I am a 100% commercial driver (CDL), and now my CDL may be suspended because if the tickets are NOT paid in full I can’t drive commercially. Driving is my livelihood so I have set a hearing next week to dispute the tickets.

Background: On the day the tickets were last day DUE; I went directly to the DMV and dragged the neighbor with me to testify that she indeed was the driver of the vehicle at the time of both tickets. She even signed something at the DMV to this effect.

I have been told that I still MUST pay the tickets before they will consider not suspending (its not suspended yet) my license. However if they do suspend it, I can’t work or pay the $800 that is owed.

At this point….Do I have any hopes or chance to make them go after the person who parked illegally? Or can I at least get a grace period so I can at least try to raise the funds myself and then take the neighbor to small claims court later? All I was trying to do is help a person in need & be a good neighbor, and this has caused a divide in my neighborhood as this is very uncool.

Thanks for your guidance!! DC courts are the worst place for any help outside of Pay and get out.

[Zigner]

Originally Posted by Chipawaw2

What is the name of your state (only U.S. law)? Washington DC



I allowed my neighbor to borrow my car for 3 hours as her car was broken and she needed to run some errands. It was during the daytime working hours so I didn’t see it as a problem. 2 weeks later I received 2 parking tickets in the mail for parking in a handicapped parking zone. Naturally I went directly to her and addressed the issue. She kept promising me the money over and over again, but never paid up. Then It doubled, she ducked me and at this point has jepordized my licence in a major way.

My concern is that I am a 100% commercial driver (CDL), and now my CDL may be suspended because if the tickets are NOT paid in full I can’t drive commercially. Driving is my livelihood so I have set a hearing next week to dispute the tickets.

Background: On the day the tickets were last day DUE; I went directly to the DMV and dragged the neighbor with me to testify that she indeed was the driver of the vehicle at the time of both tickets. She even signed something at the DMV to this effect.

I have been told that I still MUST pay the tickets before they will consider not suspending (its not suspended yet) my license. However if they do suspend it, I can’t work or pay the $800 that is owed.

At this point….Do I have any hopes or chance to make them go after the person who parked illegally? Or can I at least get a grace period so I can at least try to raise the funds myself and then take the neighbor to small claims court later? All I was trying to do is help a person in need & be a good neighbor, and this has caused a divide in my neighborhood as this is very uncool.

Thanks for your guidance!! DC courts are the worst place for any help outside of Pay and get out.

You should have paid these yourself and then sought repayment from the driver in small claims court.
You are responsible to "the government"

[Chipawaw2]

Originally Posted by Zigner

You should have paid these yourself and then sought repayment from the driver in small claims court.
You are responsible to "the government"

Thanks for the advice what you have posted while it was somewhat misleading I appreciate the guidance.

I just found this out late last night after doing massive amounts of research,

"The Law states that any licenced driver, regardless of the possession of the vehicle has the resposibiity to pay any and all financial matters uncured during their operation of said vehicle."

In My case, state law mandates, while owners do not have to report the identity of the driver, they do have to show someone else was driving for the ticket to be canceled.

Id like to hear from anyone else who may have input on this subject matter.
Thanks!

Simi

[Zigner]

Originally Posted by Chipawaw2

Thanks for the advice what you have posted while it was somewhat misleading I appreciate the guidance.

I just found this out late last night after doing massive amounts of research,

"The Law states that any licenced driver, regardless of the possession of the vehicle has the resposibiity to pay any and all financial matters uncured during their operation of said vehicle."

In My case, state law mandates, while owners do not have to report the identity of the driver, they do have to show someone else was driving for the ticket to be canceled.

Id like to hear from anyone else who may have input on this subject matter.
Thanks!

Simi

This is a PARKING ticket. The registered owner is responsible to the GOVERNMENT. The GOVERNMENT doesn't have to look to anybody else and it doesn't matter WHO parked the car.
Unless you can prove that you SOLD the car prior to the tickets, they are your responsibility.

Now, you can seek to be reimbursed from your friend (through the courts, if need be), but that doesn't relieve YOU of the responsibility of paying the GOVERNMENT.

Clear Enough?

[IsabellaSoriano]

Originally Posted by Chipawaw2

Thanks for the advice what you have posted while it was somewhat misleading I appreciate the guidance.

I just found this out late last night after doing massive amounts of research,

"The Law states that any licenced driver, regardless of the possession of the vehicle has the resposibiity to pay any and all financial matters uncured during their operation of said vehicle."

In My case, state law mandates, while owners do not have to report the identity of the driver, they do have to show someone else was driving for the ticket to be canceled.

Id like to hear from anyone else who may have input on this subject matter.
Thanks!

Simi

okay, this is how i saw it.

ticket was issued with no driver present. so the ticketer, had no way to attach the ticket to the driver. only to the owner of the vehicle.

there was no driver. only a car parked where it was not supposed to be. as opposed to a moving violation.

example. i get a speeding ticket. not in my car. i get ticketed because i was determned to be driving. the owner of the vehicle doesn't get a citation. only me. hence, moving violation.

[I_Got_Banned]

I agree with both, Zigner & Isabella....

Originally Posted by Chipawaw2

"The Law states that any licenced driver, regardless of the possession of the vehicle has the resposibiity to pay any and all financial matters uncured during their operation of said vehicle."

That might apply as a way to settle a civil matter, between you and your neighbor in, say for example, small claims court. As far as Parking citations (non-moving violations), they are issued to the vehicle (and in turn, to the registered owner... and in this case, to you), not to the driver.

Originally Posted by Chipawaw2

In My case, state law mandates, while owners do not have to report the identity of the driver, they do have to show someone else was driving for the ticket to be canceled.

Key word there is "driving". In this case, the vehicle was not being "driven", it was "parked". Therefore, and with YOU being the registered owner, it is YOUR responsibility to settle the matter with Parking Enforcement and you can handle your NEIGHBOR'S debt as a civil matter.

[Zigner]

And, with that out of the way...

It was the OP's responsibility to mitigate his damages. The OP won't be able to collect from his friend the additional amounts that have accrued due to the OP's failure to pay the tickets in a timely manner.

[Chipawaw2]

Thanks for all input. I had my hearing today and the person who illegally parked the car was indeed RULED negligent. The DRIVER of the vehicle, no matter if the car is parked or NOT upon getting her licence, signed a contract with the DMV to uphold any and all laws once they put that key in the ignition. IF that was the case, then nobody ever own their own vehicle...and just drive other folks cars and avoid Car Insurance, Tickets and Fines and fees.

And YES I fully understand I own the car and thus, 100% I am responsible, who wouldn't know that? My question was that if I had admission of guilt from the driver, could I get a dismissal of the tickets. As originally discussed, I had SIGNED documentation from the culprit (the driver) that she had indeed used bad judgment and parked illegally (twice I might add).

Thankfully, a Judge saw it my way and his exact words were "It should have never gone this far, as you came to see us 2 weeks ago and I don't know why the clerk didn't acknowledge your evidence" He extended an apology from the courts and while it was stressful and time consuming, I learned many valuable lessons.

By trade I am a Consumer Advocate. I fight for the rights of the little guy. And while I find this forum to be most excellent, I think that a bit more care and judgment should be used in the manor in which responses are conveyed. None of us are EXPERTS in this game called Life. And while Zinger I respect your "Seniority" in this type of information gathering medium, the only thing that has been "Clear Enough" to me is that I found your guidance to be condescending and insulting. We are seeking resolution, not finger pointing.

Thanks though those who shared their experiences.

[IsabellaSoriano]

personally, i think it's great. i wasn't aware that a court clerk had the authority to void out a ticket. i was under the impression only a judge could do that.

but congrats. it's good the guilty party is the one paying the penalty. the tricky part would have been if the driver had denied they were any where near the car. i think things would have turned out differently had she not admitted her responsibilty.

[disneykid52]

Originally Posted by Chipawaw2

Thanks for all input. I had my hearing today and the person who illegally parked the car was indeed RULED negligent. The DRIVER of the vehicle, no matter if the car is parked or NOT upon getting her licence, signed a contract with the DMV to uphold any and all laws once they put that key in the ignition. IF that was the case, then nobody ever own their own vehicle...and just drive other folks cars and avoid Car Insurance, Tickets and Fines and fees.

If the "other folks" are thinking along the same line then no one would be able to register a car so we all would NEVER be able to drive someone elses.

[Chipawaw2]

[quote=IsabellaSoriano;2364078]personally, i think it's great. i wasn't aware that a court clerk had the authority to void out a ticket. i was under the impression only a judge could do that.

Hi Isabela-

you are right, the clerk couldnt have voided the ticket due to protocol, BUT she could have brought it to the Judges attention vs just dismissing me and not allowing me to bring the woman in the room (she was there physically with me) to help lend clarity. I think what happend is that it was the end of the business day, people were tired and ready to go. It was eaiser to dismiss me and say come back for a hearing than to do intake. Well at least thats my warm and fuzzy view of what happend.

In actuality she was a total pistol, as with most goverment workers here in the Washington DC that dont realize how blessed we all are to be gainfully employed.

Disney- So true...so true. In unpaid tickets & DC stolen tags (front or back) are a really big problem here too so they are intolerant of excuses they just want the money and let YOU figure out the rest.

[I_Got_Banned]

I think you happened to get a VERY understanding judge... Good for you.

Originally Posted by Chipawaw2

you are right, the clerk couldnt have voided the ticket due to protocol, BUT she could have brought it to the Judges attention vs just dismissing me

Clerks are there to process paperwork. They are not there to argue your case before the judge on your behalf. Moreover, if a case is going to be dismissed, it must be done on the record, in court, with you presenting your own argument. Yes, it would have saved you some time and effort had it been dismissed at the window, but that's not the way it works.

What also worked in your favor is that, after avoiding you and hiding out from you, the neighbor showed up with you in court. I personally didn't think that will happen.

So who paid the fine? Who paid the late fee?

[Tallrat]

Originally Posted by Chipawaw2

Zinger I respect your "Seniority"

Seniority here only mean's that some have a lot of free time on their hands unfortunately.

[HighwayMan]

Originally Posted by Tallrat

Seniority here only mean's that some have a lot of free time on their hands unfortunately.

Unfortunately? I thought free time was a good thing...