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NonMoving Parking Violation on Private Property

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ihaveaq

Junior Member
What is the name of your state (only U.S. law): WASHINGTON [state]

I received a parking violation stating, “Parked w/ right wheels 12 inches + from curb & parked wrong side” in my cul-de-sac, which is on private property. My neighbor built a concrete mound with wood chips in the middle of our cul-de-sac, which is where my car was parked next to. [In bird's eye view, the cul-de-sac looks like a donut with a grey ring and a cedar-colored center] But taking in the consideration of the direction in which my car was parked, the violation is valid. However, as much as all my other neighbors park in the same direction as I do (which is the "wrong" way), is this violation still valid on private property? Do they have jurisdiction here?
 


The Occultist

Senior Member
Firstly, whether or not others violate the law will never be accepted as a valid defense towards your breaking the law.

Secondly, while I do not actually know how Washington operates (don't fret, there is a vet poster familiar with Washington law that should be by soon enough), do keep in mind that most officers tend to not waste their time writing tickets that are not valid, if you get my drift.
 

Alex23

Member
I'm from a different state (CA). Many of my neighbors park on the wrong side of the street, because they don't want to turn their cars around before they park. They probably should, because they have to turn them around to leave, but that's a different issue.

Tickets are never issued, but the streets are rather narrow and don't have markings down the middle.

However, streets with stripes or dots down the middle are more regulated, and parking like that will get you a ticket. I don't know if the CVC distinguishes between minor and major streets like that, but that's how it's enforced.

Maybe you can figure out which of your neighbors called about you and start getting them tickets, too.
 

racer72

Senior Member
However, as much as all my other neighbors park in the same direction as I do
Irrelevant. Selective enforcement is legal in Washington.

is this violation still valid on private property?
Why do you think a roadway open to the public is private property? Unless the road has restrictions to public access such as a gate or is marked as a private road, the police have the right to enforce traffic laws. This would have been allowed during the permitting process when the road was built. Nothing in your post suggests the ticket is not valid or improper.
 

ihaveaq

Junior Member
The street is a Private Road

So the street is marked as a "private road". Do they still have jurisdiction?
 

FlyingRon

Senior Member
Marking it as a private road likely makes no difference.

I'm not going to dig through WASH law, but as pointed out, there are plenty of instances where police can enforce traffic laws on private roads. This can typically done either at the request of the community that owns the private road or as a condition of the development of the subdivision.
 

CdwJava

Senior Member
What is the code section cited on the ticket? Knowing that might help us find out if the specific offense is enforceable on a private road.

Now, the presence of a sign means nothing - I can post a sign re-naming the road I live on, but it does nto make it so. IS the road privately maintained? In other words, do the residents of the cul-de-sac pay for all the construction and maintenance for the pavement, curb and gutters of the roadway on the cul-de-sac? if the answer is, "no", then the road is not likely a private drive.

- Carl
 

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