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Unsigned Parking Ticket in Denver, CO

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RenoRail

Junior Member
What is the name of your state? Colorado

I received a Parking Violation Summons and Complaint for a parking violation in the City of Denver, Colorado. I would feel much differently about this issue if I had not deposited money into the parking meter. I violated Chapter 54, Article VII, Division 5, Sec. 54-513. Manner of parking.

(a) A vehicle shall be parked wholly within the parking metered space for which the parking meter shows a parking privilege has been granted.

Yes, I admit that the parking meter pole was at my dash, but only because the car behind me had parked the same exact way (I took pictures with my phone). I also did not see a parking ticket located on the vehicle behind me or the vehicle parked across the street, which was parked in the same manner.

However, the Parking Violation Summons and Complaint does not have a complainant signature.
According to Chapter 54, Article VX, Division 3, Sec. 54-823. Penalty assessment notice.(a)
"(a) A penalty assessment notice shall be signed and served on the defendant by a police officer and shall contain the name and address of the defendant; the license number of the vehicle involved if any; the number of the defendant's driver's license if any; a citation of the Code or statute section alleged to have been violated; a brief description of the infraction or violation; the date and approximate location thereof; the amount of the penalty and the surcharge prescribed; the number of points, if any, prescribed for such infraction or violation pursuant to the provisions of the Colorado Revised Statutes; and the date the penalty assessment notice is served on the defendant....."

So, I have an unsigned Parking Violation Summons and Complaint, that should be signed.

Any suggestions?

I fully intended to park in the spot I received the citation. I fully intended to comply with all parking rules, as indicated by me paying the parking meter. I was unaware of a Sec. 54-513. I know, ignorance is no execuse, but I was not fully able to comply with Sec. 54-513 because the vehicle behind me was not complying with Sec. 54-513. Additionally, I have out of state plates....I've only lived in Denver for a little over a week. There was a similar posting in California, I'm not sure what came of it.What is the name of your state?
 


The Occultist

Senior Member
How somebody else is parked is irrelevant to the way you are parked. If, due to whatever circumstances exist, you are unable to park according to the law in that spot, then you are responsible for finding a different spot. No judge will care about those pictures you took.
 

RenoRail

Junior Member
Well put...

How does, if at all, an unsigned penalty assessment notice factor into this? A signed penalty assessment notice is the first requirement listed in Sec. 54-832. I am required to comply with Chapter 54 in order to legally park. Isn't the City of Denver required to comply with Chapter 54 to properly serve?
 

CdwJava

Senior Member
Was the citation hand-written or computer generated? Does there exist a section allowing designated parking enforcement officers (NOT peace officers) to issue citations?

Th name of the officer on the citation may be sufficient to justify "signed" as the definition likely seeks the name of the issuing officer not that he scribbled an unintelligible cursive signature.

- Carl
 

CdwJava

Senior Member
Of course, the question then becomes, were you issued a "penalty assessment notice"? Or is this some other authorized notice ... perhaps a civil notice of a parking violation?

It would seem silly to require a sworn police officer to issue such parking notices when they can be issued by parking enforcement personnel.

- Carl
 

RenoRail

Junior Member
Thanks Carl,

As I remember it, I don't have the ticket in front of me, but there is a line on the ticket, with text below it that Reads "Complainant Signature". The ticket WAS computer generated, meaning my information was probably entered into some handheld computer and a penalty assessment notice was printed.

Now, if look at the definition of Signature (though Sec. 54-823. uses the word "Signed") in Black's Law Dictionary, it reads:
"signature. 1. A person's name or mark written by that person or at the person's direction. -- Also termed sign manual. [Cases: Signatures 1-5. C.J.S. Signatures §§ 1-16.] 2. Commercial law. Any name, mark, or writing used with the intention of authenticating a document. UCC §§ 1- 201(b)(37), 3-401(b). -- Also termed legal signature. [Cases: Sales 29. C.J.S. Sales § 76.]
"The signature to a memorandum may be any symbol made or adopted with an intention, actual or apparent, to authenticate the writing as that of the signer." Restatement (Second) of Contracts § 134 (1979)."

Because the notice was computer generated, signed (signature), definition two would apply – where it is “any name, mark, or writing used with the intention of authenticating a document.”

I’ll probably end up paying the ticket anyway, just because it could be considered a burden on the court system to take this up with them. But, I will ask them first what the definition of signed means, or if a penalty assessment notice is suppose to be signed.

Thanks
 

CdwJava

Senior Member
Whether a parking ticket needs to be physically signed or not is a matter of law, not a matter of the dictionary. As I said, I would think the requirement under the law that would have to be met is that the issuer's identity - be it by serial number or name - be on the citation. If that is the case, I will bet dollars to donuts that it is valid.

If no issuer can be discerned from the ticket, then you might well have an argument on that account.

Attempting to play attorney with the odd, isolated code section combined with dictionary interpretations is a quick way to run afoul of the law. Very often exceptions are found in other places in the statutes. So, unless you are well versed in all areas of this I would presume that the parking enforcement agency is meeting the legal standard for the issuance of parking citations. And since non-peace officers can be assigned to issue parking citations, you may have to do a little more searching for the rules and laws.

- Carl
 

edecker69

Junior Member
Outcome?

What was the outcome of this? Because I received an unsigned citation as well yesterday in Denver for not having a front license plate of all stupid things.
 

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