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Defective Parking Citation???

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L

LEE-OHIO

Guest
What is the name of your state? OHIO

MY I HAVE SOME OPINIONS ON THIS SITUATION PLEASE...

I BELIEVE I HAVE BEEN ISSUED A DEFECTIVE PARKING CITATION...

AS ALLOWED BY OUR LOCAL TRAFFIC CODE, THE FOLLOWING IS A LETTER I'M PLANNING TO MAIL TO THE TRAFFIC VIOLATIONS BUREAU DEFENDING MY POSITION...


To whom it may concern,

This letter is in response to a questionable parking citation.

For about 47 of my 57 years on this planet, I’ve been an avid automotive enthusiast. I especially like the flashy, modified cars commonly referred to as “hot rods”. True icons of America’s inventive spirit.

You can well imagine, that one of my biggest joys, is when the huge, “GoodGuys” car event comes to our Ohio State Fairgrounds each summer.

Unfortunately, I don’t have the kind of income that allows me to take my entire family to the fairgrounds to see & experience all of the official activities.

So, every year we visit different places around Columbus, where large groups of these cars are known to congregate in the evenings, at hotels, restaurants & parking lots.

This year we decided to visit the area near the intersection of Dublin-Granville Road & I-71. We arrived at the area around 8:00 pm & found things very busy with many cars & spectators.

Several police units were on location, presumably to manage traffic & to maintain a safe environment for all the motorists & pedestrians who had come there to experience the cars.

We intended to eat at Max & Erma’s Restaurant, which is located on the service road about half way between I-71 & Ambleside Drive.

As we pulled-up in front of Max & Erma’s, I noticed there were police controlling parking to the restaurants & most businesses along the service road & that there was an excellent space available, right in front of max & Erma’s, behind approximately 25 to 30 cars that had already parked in the grassy area that separates the service road from Dublin-Granville Road facing west.

After careful evaluating the parking situation, I decided to take the available space for the following reasons:

1) There were no “no parking signs” anywhere at this site.
2) There was already a solid line of at least 25 cars already parked there, apparently legally, due to the absence of any window citations.
3) None of the police officers, observing us, indicated in any way, that we couldn’t park there.
4) There was nothing in Ohio standard operator’s training manual, that I knew of, that specifically prohibited public, off road parking adjacent State Routes & service roads.

So, after eating, we toured the entire area on foot, going from lot to lot, admiring all the nice cars that had come to show-off. We ended-up about 1/8 of a mile west of where we parked, & erected or lawn chairs to watch all the “action” taking place on Rt.161. & the hotel parking lots. Activities finally died-out around 11:30pm, so we returned to our car, which was one of the only two remaining, out of the 80 or so, parked there earlier.

I was completely dumfounded & soon after, very angry to find a parking ticket on my car. About 70 feet away, there was an officer still on duty controlling parking at Max & Erma’s. Being he was watching us I decided to ask him what the ticket might have been issued for.

He responded “for parking in the grass”. After asking him “since when?”
& “where is that written?”…he said that it was in the driver’s manual &
always had been.

A quick trip the local licensing agency that following Monday disproved that.
The most current issue of the driver’s manual, under parking regulations,
it says nothing about, parking being prohibited in the area that I was
ticketed for.

Perplexed by this, I then visited a public library where a librarian found some parking prohibitions listed in a general manual of the Columbus City Codes.

In the manual, we found 1entry that matched the “2151.01w” shown on my ticket.

Quoting the book exactly, it reads:
“2151.01W Parking - prohibited on service road $30.00”

Two things jump-out immediately, as not compatible with my ticket.

1) the word “on”…I was not parked “on” the service road, I was parked in the grass, roughly 24” away from the pavement.
2) The fine of “$30.00”…the fine on my ticket is listed at $40.00 this appears to be an incorrect fine for an incorrect or nonexistent infraction…

To conclude:
1) I did not park on the service road
2) Where I parked, did not impede any flow of traffic
3) Where I parked, did obscure anyone’s visibility
4) Where I parked, did not obstruct access to anyone’s property
5) Where I parked, did not inconvenience anyone
6) Where I parked, did not injure anyone, in any way
7) Where I parked, did not damage anyone’s property

Therefore, in the interest of fairness & common sense, I respectfully request that my parking ticket be cancelled & made null & void.
 


I AM ALWAYS LIABLE

Senior Member
LEE-OHIO said:
What is the name of your state? OHIO

MY I HAVE SOME OPINIONS ON THIS SITUATION PLEASE...

I BELIEVE I HAVE BEEN ISSUED A DEFECTIVE PARKING CITATION...

AS ALLOWED BY OUR LOCAL TRAFFIC CODE, THE FOLLOWING IS A LETTER I'M PLANNING TO MAIL TO THE TRAFFIC VIOLATIONS BUREAU DEFENDING MY POSITION...


To whom it may concern,

This letter is in response to a questionable parking citation.

For about 47 of my 57 years on this planet, I’ve been an avid automotive enthusiast. I especially like the flashy, modified cars commonly referred to as “hot rods”. True icons of America’s inventive spirit.

You can well imagine, that one of my biggest joys, is when the huge, “GoodGuys” car event comes to our Ohio State Fairgrounds each summer.

Unfortunately, I don’t have the kind of income that allows me to take my entire family to the fairgrounds to see & experience all of the official activities.

So, every year we visit different places around Columbus, where large groups of these cars are known to congregate in the evenings, at hotels, restaurants & parking lots.

This year we decided to visit the area near the intersection of Dublin-Granville Road & I-71. We arrived at the area around 8:00 pm & found things very busy with many cars & spectators.

Several police units were on location, presumably to manage traffic & to maintain a safe environment for all the motorists & pedestrians who had come there to experience the cars.

We intended to eat at Max & Erma’s Restaurant, which is located on the service road about half way between I-71 & Ambleside Drive.

As we pulled-up in front of Max & Erma’s, I noticed there were police controlling parking to the restaurants & most businesses along the service road & that there was an excellent space available, right in front of max & Erma’s, behind approximately 25 to 30 cars that had already parked in the grassy area that separates the service road from Dublin-Granville Road facing west.

After careful evaluating the parking situation, I decided to take the available space for the following reasons:

1) There were no “no parking signs” anywhere at this site.
2) There was already a solid line of at least 25 cars already parked there, apparently legally, due to the absence of any window citations.
3) None of the police officers, observing us, indicated in any way, that we couldn’t park there.
4) There was nothing in Ohio standard operator’s training manual, that I knew of, that specifically prohibited public, off road parking adjacent State Routes & service roads.

So, after eating, we toured the entire area on foot, going from lot to lot, admiring all the nice cars that had come to show-off. We ended-up about 1/8 of a mile west of where we parked, & erected or lawn chairs to watch all the “action” taking place on Rt.161. & the hotel parking lots. Activities finally died-out around 11:30pm, so we returned to our car, which was one of the only two remaining, out of the 80 or so, parked there earlier.

I was completely dumfounded & soon after, very angry to find a parking ticket on my car. About 70 feet away, there was an officer still on duty controlling parking at Max & Erma’s. Being he was watching us I decided to ask him what the ticket might have been issued for.

He responded “for parking in the grass”. After asking him “since when?”
& “where is that written?”…he said that it was in the driver’s manual &
always had been.

A quick trip the local licensing agency that following Monday disproved that.
The most current issue of the driver’s manual, under parking regulations,
it says nothing about, parking being prohibited in the area that I was
ticketed for.

Perplexed by this, I then visited a public library where a librarian found some parking prohibitions listed in a general manual of the Columbus City Codes.

In the manual, we found 1entry that matched the “2151.01w” shown on my ticket.

Quoting the book exactly, it reads:
“2151.01W Parking - prohibited on service road $30.00”

Two things jump-out immediately, as not compatible with my ticket.

1) the word “on”…I was not parked “on” the service road, I was parked in the grass, roughly 24” away from the pavement.
2) The fine of “$30.00”…the fine on my ticket is listed at $40.00 this appears to be an incorrect fine for an incorrect or nonexistent infraction…

To conclude:
1) I did not park on the service road
2) Where I parked, did not impede any flow of traffic
3) Where I parked, did obscure anyone’s visibility
4) Where I parked, did not obstruct access to anyone’s property
5) Where I parked, did not inconvenience anyone
6) Where I parked, did not injure anyone, in any way
7) Where I parked, did not damage anyone’s property

Therefore, in the interest of fairness & common sense, I respectfully request that my parking ticket be cancelled & made null & void.

My response:

Okay, I didn't see a question about any legal issues. What would you like any of us to do or say to you?

IAAL
 
L

LEE-OHIO

Guest
the situation to me is similar to the old "tree in the forest" saying...

that is,

if a law is passed in secret & hidden somewhere deep in a forest...

& nobody's there to be told of it....

is the law valid?

should it really exist?

am I correct in thinking this way?

Is there any case law that would be helpful in presenting my case?

This parking ticket may seem like a petty issue, but as a person on a semi-fixed income, a bogus $48 parking ticket make a sizeable dent in a family's holiday budget...

Lee/ColumbusOhio/GoBuckeyes!
 

HomeGuru

Senior Member
I disagree and your situation is not like the tree in the forest saying. You are merely barking up the wrong tree.

signed,
dogwood
 

I AM ALWAYS LIABLE

Senior Member
-=[RCQB]=- said:
Yes, this subject sounds interesting, indeed. I will be looking for more information sources and hope to find out more details... I have been surfing the net last night and have a look what I've found - http://www.viaclean.com/. I have heard a lot on that sort of things and just wanted to make sure personally if it's worth the while. I installed their software and can say I was amazed - it really works! :)

My response:

Yeah, I looked at "ViaCleaner" and I think it's a pile of crap.

It's an extremely dangerous software program, and one that should NEVER be used - - unless you're an "expert" computer user.

So, thanks for bringing this dangerous software to our attention.

IAAL
 
H

happi189

Guest
Here what I would do!

I would appeal the parking citation. Similar to when appealing a "moving violation", such as speeding. A judge should here your side and the officer's side, provided the cop who gave you the ticket show up for court. then the judge can render a finding. I contested a spedding ticket once in California. The cop who gave me the ticket failed to show up for the hearing. The judge heard my facts of the incident looked to see if I had previous traffic violations and then proceeded to dismiss the ticket. It was as if I never got it.
 

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