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loading luggage in residential no parking

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s1chmoe

Junior Member
san diego, CA

My girlfriend was visiting from VA, the day she left, nov 10th, i went ouside and around the block to where my car was parked and pulled it up in front of my Apt. there were absolutely no parking spaces, so i pulled on the corner, which is about 15 feet from my door, and happenned to have a ramp, as most corners do around here, for handicapped people. anyway, my girlfriend was waiting on the porch with her luggage and we proceeded to carry it down and put it into the car. as i was putting the first bag into the back seat, a meter/parking enforcement officer came up the street in one of those carts that they drive. he passed my position by about 1/4 of a block, did a u-turn (illegal i think) and then stopped across the street and about 30 feet up. At first, i thought he was going to come over and either tell me i couldn't park there, or write me a ticket, but he didn't, so i loaded the second bag, my girlfriend got into the car, i walked around to the other side, got in and we drove to the airport. NOTE, there was ample time for the officer to approach my position, but he stood off, which made me think he was doing something pertaining to the car he was parked beside. anyway, fast forward 13 days. i get a notice in the mail "A reminder of parking violation" turns out the parking attendant or whatever you call them, was not writing a ticket for the car he was parked beside across the street, he was taking down my license plate to give me a ticket. I have a few questions about this.
1. don't people have the right to pull in to load and unload a car, on a corner, no parking zone etc? is it reasonable for them to give me a ticket when the meter attendant saw that we were loading the car, and in fact, we were in the process of loading it when he approached...
2. is he allowed to make an illegal u-turn? just whipped it around in the middle of the street.
3. what is my best defense when i write in to contest this ticket
4. if there are no parking spaces (there is only street parking where i live) isn't it unreasonable for the parking enforcement to expect that someone would load or unload, luggage, groceries or whatever from a block or two away and have to make a bunch of trips? Keep in mind that the car was never unattended, when i pulled up, my girlfriend walked down with her bag and was standing by the car while i got the other one, then we loaded them and left...

Note. The ticket was issued at 1123 AM and i have a copy of my girlfriends flight itienerary showing her flight at 12:40, which should corroberate the fact that we were just loading luggage.

It seems like a lot of trouble for a parking ticket, but, since my car was in front of a wheelchair ramp, the ticket is for $290.00
HELP... SUGGESTIONS...Thanks for any responses.
CA, san diego
 


CdwJava

Senior Member
s1chmoe said:
1. don't people have the right to pull in to load and unload a car, on a corner, no parking zone etc? is it reasonable for them to give me a ticket when the meter attendant saw that we were loading the car, and in fact, we were in the process of loading it when he approached...
No, you do NOT have a "right" to load in a place where you cannot lawfully park. Therefore it is perfectly okay for the meter attendant to give you the citation.


2. is he allowed to make an illegal u-turn? just whipped it around in the middle of the street.
Perhaps. If you have a problem with that, take it up with the attendant's supervisors. It is a seperate matter from the parking cite.


3. what is my best defense when i write in to contest this ticket
The truth. Tell them you were loading and unloading. However, understand that this is not a lawful validation of your actions and you would get off only if the judge opted to show mercy.


4. if there are no parking spaces (there is only street parking where i live) isn't it unreasonable for the parking enforcement to expect that someone would load or unload, luggage, groceries or whatever from a block or two away and have to make a bunch of trips?
Unless the law is written in such a way as to make an exception if no legally available spots are available, then there IS no exception. It is not unreasonable even if it might have been a kind act.

However, your vehicle may have been obstructing traffic, blocking a view of the street, etc. How would other drivers feel if YOUR car disturbed their field of view or they had to swerve around it?


Keep in mind that the car was never unattended, when i pulled up, my girlfriend walked down with her bag and was standing by the car while i got the other one, then we loaded them and left...
Not an exception under CA law, and not one under San Diego Municipal Code ... at least not when I was down there.


Note. The ticket was issued at 1123 AM and i have a copy of my girlfriends flight itienerary showing her flight at 12:40, which should corroberate the fact that we were just loading luggage.
Still not an excuse.


It seems like a lot of trouble for a parking ticket, but, since my car was in front of a wheelchair ramp, the ticket is for $290.00
HELP... SUGGESTIONS...Thanks for any responses.
Ouch! Well, that means that you really DO have no good argument.

Sorry. But you should consider just writing your reponse and explanation and hoping that the fine will be reduced or dropped ... but understand they are under no obligation to do so based on what you have written here.

- Carl
 

HomeGuru

Senior Member
s1chmoe said:
san diego, CA

My girlfriend was visiting from VA, the day she left, nov 10th, i went ouside and around the block to where my car was parked and pulled it up in front of my Apt. there were absolutely no parking spaces, so i pulled on the corner, which is about 15 feet from my door, and happenned to have a ramp, as most corners do around here, for handicapped people. anyway, my girlfriend was waiting on the porch with her luggage and we proceeded to carry it down and put it into the car. as i was putting the first bag into the back seat, a meter/parking enforcement officer came up the street in one of those carts that they drive. he passed my position by about 1/4 of a block, did a u-turn (illegal i think) and then stopped across the street and about 30 feet up. At first, i thought he was going to come over and either tell me i couldn't park there, or write me a ticket, but he didn't, so i loaded the second bag, my girlfriend got into the car, i walked around to the other side, got in and we drove to the airport. NOTE, there was ample time for the officer to approach my position, but he stood off, which made me think he was doing something pertaining to the car he was parked beside. anyway, fast forward 13 days. i get a notice in the mail "A reminder of parking violation" turns out the parking attendant or whatever you call them, was not writing a ticket for the car he was parked beside across the street, he was taking down my license plate to give me a ticket. I have a few questions about this.
1. don't people have the right to pull in to load and unload a car, on a corner, no parking zone etc? is it reasonable for them to give me a ticket when the meter attendant saw that we were loading the car, and in fact, we were in the process of loading it when he approached...
2. is he allowed to make an illegal u-turn? just whipped it around in the middle of the street.
3. what is my best defense when i write in to contest this ticket
4. if there are no parking spaces (there is only street parking where i live) isn't it unreasonable for the parking enforcement to expect that someone would load or unload, luggage, groceries or whatever from a block or two away and have to make a bunch of trips? Keep in mind that the car was never unattended, when i pulled up, my girlfriend walked down with her bag and was standing by the car while i got the other one, then we loaded them and left...

Note. The ticket was issued at 1123 AM and i have a copy of my girlfriends flight itienerary showing her flight at 12:40, which should corroberate the fact that we were just loading luggage.

It seems like a lot of trouble for a parking ticket, but, since my car was in front of a wheelchair ramp, the ticket is for $290.00
HELP... SUGGESTIONS...Thanks for any responses.
CA, san diego
**A: pay it.
 

s1chmoe

Junior Member
extenuating circumstance

according to cvc 463 "park or parking" shall mean the standing of a vehicle whether occupied or not, OTHERWISE THAN TEMPORARILY FOR THE PURPOSE OF AND WHILE ACTUALLY ENGAGED IN LOADING OR UNLOADING MERCHANDISE OR PASSENGERS.

other extenuating circumstance, my girlfriend is in a back brace, so i could not expect her to carry a piece of luggage two blocks to the car, AND, i am a service connected disabled veteran. i am only rated 20% disabled, but it is because of injuries to my right foot that occurred in BUD/S (naval training)
 

CdwJava

Senior Member
s1chmoe said:
according to cvc 463 "park or parking" shall mean the standing of a vehicle whether occupied or not, OTHERWISE THAN TEMPORARILY FOR THE PURPOSE OF AND WHILE ACTUALLY ENGAGED IN LOADING OR UNLOADING MERCHANDISE OR PASSENGERS.

other extenuating circumstance, my girlfriend is in a back brace, so i could not expect her to carry a piece of luggage two blocks to the car, AND, i am a service connected disabled veteran. i am only rated 20% disabled, but it is because of injuries to my right foot that occurred in BUD/S (naval training)
If you had a handicapped placard and were not parked blocking the street or on the corner, then maybe you'd be okay. However, you indicate that you were on a corner - and there is no exception for parking on a corner as it is a traffic hazard. The definition you cite is for general purposes but it does not give a person to stop or leave their vehicle standing in the roadway or in a positiont that is otherwise hazardous or unlawful. It similarly would not permit someone to "park" in a handicap zone while they were loading or unloading passengers.

Specifically what section were you cited for? Your only real hope in winning an appeal is that you were cited for an inappropriate section.

EDIT: I am going to assume you were cited for this:

CVC 22500. No person shall stop, park, or leave standing any vehicle
whether attended or unattended, except when necessary to avoid
conflict with other traffic or in compliance with the directions of a
peace officer or official traffic control device, in any of the
following places:

(l) In front of or upon that portion of a curb that has been cut
down, lowered, or constructed to provide wheelchair accessibility to
the sidewalk.


If so, the specific definitions of that section counter the general default definition of CVC 463.

- Carl
 
Last edited:

s1chmoe

Junior Member
re

under the "contesting parking ticket procedure" one thing stands out that may be helpful in my case."if following the initial review, the issuing agency is satisfied that the violation did not occur, that the registered owner was not responsible for the violation, or...THAT EXTENUATING CIRCUMSTANCES MAKE THE DISMISSAL OF THE CITATION APPROPRIATE IN THE INTEREST OF JUSTICE...

so, my question is, where was i to pull in...on the traffic side of the parked cars? still a violation, and in my mind, more dangerous.
 

CdwJava

Senior Member
s1chmoe said:
under the "contesting parking ticket procedure" one thing stands out that may be helpful in my case."if following the initial review, the issuing agency is satisfied that the violation did not occur, that the registered owner was not responsible for the violation, or...THAT EXTENUATING CIRCUMSTANCES MAKE THE DISMISSAL OF THE CITATION APPROPRIATE IN THE INTEREST OF JUSTICE...

so, my question is, where was i to pull in...on the traffic side of the parked cars? still a violation, and in my mind, more dangerous.
Sometimes there just ARE no options. It sounds like you had no place to legally stop and unload. If that's the case, that does not give you the legal right to violate the law. Being inconvenienced (even if said inconvenience is a big one) is not an exception to the law.

And you never know, the city might buy the argument and dismiss your citation. But, keep in mind that they are under no legal obligation to do so as you were almost certainly in violation of the law in this matter.

- Carl
 

s1chmoe

Junior Member
re

thank you for your help carl, it was very informative and you really looked into my matter, it is appreciated. I'm thinking that, in my appeal, i will show a pic of my girl in her brace, documentation of my disability from the navy on my foot (which would, hopefully show that carrying our bags two blocks to the car would be more than an inconvenience) along with the documentation of the flight that day and see what happens. that being said, why do you think the parking officer pulled in across the street and up a little, rather than over to my position? it makes it look like i saw him writing me a ticket and ran so he couldn't give it to me, which wasn't the case, i didn't even know he was writing me one, i thought he was doing something with the car he was parked beside. once again, thank you. marvin baker
 

CdwJava

Senior Member
They don't pay parking enforcement people to get in to confrontations, and issuing a parking cite to a person who is standing there is not always a good idea. Or, you left before the ticket was completed. Or, the enforcement attendant claimed to have put it on your car and didn't - for whatever reason.

It's hard to say.

- Carl
 

s1chmoe

Junior Member
re

the city parking supervisor called and gave me her fax # so i could fax her my appeal documentation, she is going to look it over and hopefully, i'll get some good news.
belize breeze...you never answered my question, what did you mean by "oh brother"
 

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