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Ticket that I never got!

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dafreerider

Guest
What is the name of your state? PA

I got a notification at home for a parking ticket with late fees. Licence plate is mine. Amount of ticket is whopping $300+$23 late fee. The only problem is, I never got the ticket (otherwise I would make some efforts to pay it). Called the phone number listed. They said it's for "handicapped parking" !!! What???
Time and place is late at the airport.


After lots of hard thinking where could this have possible come from I recalled an interesting situation. I was picking up my wife at the airport. Knowing that I cannot stay long at the pick-up area I was cirlcing around until she called and said she landed and is on her way out. I pulled up to the curb, where very vigilant cop told me I cannot stay here. I told him, I know that, and I am here to pick up my wife who just called me that she landed and on her way out. He said, he doesn't care, I have to move. If there's no loading-unloading I have to move. I tried to explain that she'll be out in less than one minute. He insisted. I said "fine", got in the car and tried to drive away. The car in front which was being loaded was blocking my way. Cop saw it. I tried very hard to maneuver around it, the space was small. At this time, my wife walked out with her bags. I jumped out, tossed suitcases in the car, she got in, and we left. All loading took less than 20 seconds.

Now, time and place matches when I was at the airport. I was never given a ticket. I was not aware of any tickets. With the exception of that conversation with the cop, during which I tried to be as friendly as possible, and complied I didn't park anywhere else.

What should I do? This is totally bizzarre. How can I fight this? Do I need a lawyer? This is the first parking ticket I ever got (granted I actually never got this one)! Please help!!!!
 


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dafreerider

Guest
It happened this January, 2003. I completely understand anti-terrorism precautions. I do not disagree with them, but this particular ticket seems frivolous.

1) The vehicle was never "parked" - I was with the vehicle at all times.
2) There was a communication with the officer explaining why I am here and that I will be out in less than 3 minutes.
3) I agreed to leave, even though I disagreed with the demand.
4) As I was leaving, maneuvering out, I saw my wife walk out of the doors and I had to pick her up. Officer saw everything, from his car.
5) I was never given a ticket and was completely unaware of the outstanding ticket. How can I pay a ticket if it was never given to me. I must have left before he could even finish writing the ticket.
Although it's just my speculation.
6) Why handicapped? Not only the car was never parked, but it was never parked in a handicapped spot!!!!

How can I fight and win this ticket? Can this be done over the mail? I would hate to lose a day of work for this frivolous ticket writing.
 
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dafreerider

Guest
Anyone else? Please help! Can I fight this one off? What are my chances? Were cop's actions unlawful?
 

racer72

Senior Member
You need the assistance of an attorney. Cars have been towed from the airport near my home for doing less than you did.
 
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dafreerider

Guest
What did I do? This is exactly what I am missing? I was with the vehicle at all times. The vehicle was never parked anywhere, let alone a handicapped spot. I spoke with an officer (is that illegal)? I complied with the request to move until I saw my wife come out of the building, at which point I quickly loaded her bag and we left immediately?

I am totally missing why you said that were towed for less what I did? I really would like to understand.

The only thing that I see is that the officer got pissed that I actually told him the truth (that my wife is really on her way out). He knew he didn't give me the ticket and knew I will not be able to pay the ticket that was NOT given. Yet he filed a ticket that arrived a month later with late charges. I see total abuse of power. Shouldn't there be some kind of guideline of how this should be handled? How can they file the ticket without me getting it? How can they give out frivolous tickets with no justification? What does handicapped spot has to do with anything? Is it only because it's a more expensive violation?

Final questions: 1) Any idea how much attorney would cost?
2) Can I handle it alone?
3) If the cop doesn't show up, do I win by default?

Thank you for all your help. I appreciate your time and effort.
 

Bravo8

Member
1. The vehicle was never arked, but it was "standing". Most places where it is illegal to park, it is also illegal to "stop and stand."

2. Your "communication" was you arguing with an officer who issued a lawful command to remove your vehicle. If I were to encounter your vehicle illegally parked, I do not have to convince you to move. I do not have to tell you to move. I could issue you a citation. The warning is a courtesy, one you decided to arrogantly argue.

3. You agreed to leave, after arguing, and then did not leave (due to your wife appearing). See above post about warnings being a coutesy.

4. Immaterial.

5. If the citation incurred additional fines from non-payment, then you may be able to contest those additional fines on the grounds that had you actually been issued the citation, you would have promptly taken care of it. The original fines have nothing to do with your "late" payment.

6. If it was not a handicapped zone, then I have no idea why that was charged. You may be able to contest the citation based upon the wrong violation being cited.

Next post....

1. I have no idea how much an attorney would cost, but is paying more for an attorney than the $300 citation worth it?

2. Yes, you can handle it alone if you chose to contest it. You have to appear in court and testify.

3. Generally the charge will be dismissed if the officer does not appear in court. Locally, we always appear (barring any exigent circu,stances). It is a rather common misconception that most officers don't go to court. Personally, I enjoy it.

Lastly, and to touch on a few other points:

You use of the term "friviolous" is incorrect.

It is not "abuse of power". You violated a law and were charged for it.

You say the citation was filed a month later. Summary traffic violations have a 30 day statute of limitations. If the original citation was not filed within that time period, you may be able to have it dismissed.

When the citation is filed, the Magistrate's office will send it out certified mail. If you do not sign for it, there will be a warrant issued for your arrest. You obviously received this ticket.
 
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dafreerider

Guest
Thank you Bravo8! It's very nice to hear from the police officer (if you really are what the profile says). Some interesting information that I got:
1) I have to go back and make sure there's no handicapped zone at that pick-up area. I will be able to contest the ticket based on that.

2) I am not lying when I am saying I never received the ticket. I see no reason to lie in this forum. It doesn't give me any advantage. I will have to request to see a signed certified mail slip (I know such doesn't exist)

3) Is it worth paying $300 for an attorney. Usually not, but in this case definitely. If I knew the ticket was just, I would pay in no time, but I truly feel being severely mistreated and will gladly pay to prove my point.

4) There was no "arrogant argument" between me and the officer. There was a polite conversation from my side explaining why I am here, that was reciprocated by a rude "Move your vehicle!" answer. If anyone was arrogant it was definitely not me (not like it matters in the court).

5) I don't know when the citation was "filed", but I received a late notice a month later. So, maybe it was filed right away, I have no way of knowing.

Again, Bravo8, I appreciate your help and opinion. If you don't mind, I have some more questions:

1) If I contest it, who has the burder of proof - me to prove that I was issued ticket incorrectly, or the officer to prove that it was correct? Basically is there presumption of innocence.

2) Can I interrogate an officer. Can I ask questions, like where was my car parked, or where did he leave the ticket?

3) Is there a statute about airport pick up areas, where people stop to pick up others who just arrived? The area is not no stopping area, otherwise how can I pick up someone if I don't stop. It's a no parking area.

4) What proof should the officer or I have to prove each of our points?

Thanks again.
 
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dafreerider

Guest
OK, let's simplify questions. Here are independent questions:

1) When I go to court for non-moving traffic violations, who has the burden of proof? Does the officer need to prove that I was parked illegally or do I need to prove that was NOT parked illegally?

2) Can I ask the officer questions, such as "describe where was my car parked?" or "when did you hand me the ticket?"

3) If I was never given the ticket and the ticket was never sent over the mail (ceritified or not), does it invalidate the ticket? Does it invalidate the late fees?

4) What are the guidelines for parking violations in the airport pick-up areas? These are NOT "No parking" zones, but loading/unloading areas. Can a ticket be given if the driver is with the vehicle at all times?

5) If this area has no handicapped parking, how can I prove it? If I attempt to take a picture I will get arrested (this is an airport). If I ask for permission to take a picture, I will probably get another ticket for speaking with an officer. Is my statement that there are no handicapped parking spots in this location sufficient?

Please answer if you know the answers. Thanks.
 

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