CA (ex) handicapped parking

[pochaev]

What is the name of your state?What is the name of your state? CA
There's parking structure reconstruction undergoing in my appartment complex. One evening i was searchg for a lot - since we are currenltly limited it might be tough, and i was instructed by security personnel of the complex to park at a handycapped parking lot. They removed handycapped signs due to recionstruction but did not paint the floor which has handycapped sign on it. I did park there since they said place is no longer designated handycapped (which leasing office confirmed next day) but i got a $385 ticket !!!
Can anyone advice on the nature of appeal letter which would be approppriate in this case. I do have a letter from leasing office management saying that they removed signs but were not aware that they need to remove pics on floor and beyond that they sdid not ask police to monitor teir prooperty. I should write something from myself thou.
Thank you.

 

[CdwJava]

Take the letter and the citation to the city when you schedule an appeal for the citation.

Additionally, what section were you cited under?

And who controls the parking lot where you were cited? Is it a public lot? Or is it a private parking lot for the business or residence?

Depending on what you were cited for, the lack of a sign MAY be sufficient to invalidate the citation.

- Carl

 

[pochaev]

Thank you for answer!
I was cited for violation of CVC 22507.8 with remarks "Parking stall marked; No plackard or special plate displaed on a vehicle"
The parking structure is inside gated appartment complex with restricted access. We have our own security personnel who watch parking lots to tow unauthorised vehicles.

I would rather send a letter instead of going to court because english is my second language and i write better than i speak

What could appeal letter look like ?

 

[CdwJava]

Here is the section you were cited for:

22507.8. (a) It is unlawful for any person to park or leave
standing any vehicle in a stall or space designated for disabled
persons and disabled veterans pursuant to Section 22511.7 or 22511.8,
unless the vehicle displays either a special identification license
plate issued pursuant to Section 5007 or a distinguishing placard
issued pursuant to Section 22511.55 or 22511.59.
(b) It is unlawful for any person to obstruct, block, or otherwise
bar access to those parking stalls or spaces except as provided in
subdivision (a).
(c) It is unlawful for any person to park or leave standing any
vehicle, including a vehicle displaying a special identification
license plate issued pursuant to Section 5007 or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59, in either of
the following places:
(1) On the lines marking the boundaries of a parking stall or
space designated for disabled persons or disabled veterans.
(2) In any area of the pavement adjacent to a parking stall or
space designated for disabled persons or disabled veterans that is
marked by crosshatched lines and is thereby designated, pursuant to
any local ordinance, for the loading and unloading of vehicles parked
in the stall or space.
(d) Subdivisions (a), (b), and (c) apply to all offstreet parking
facilities owned or operated by the state, and to all offstreet
parking facilities owned or operated by a local authority.
Subdivisions (a), (b), and (c) also apply to any privately owned and
maintained offstreet parking facility.

CVC 22511.8 requires that all handicapped parking spaces on a private lot have:

(1) By posting immediately adjacent to, and visible from, each
stall or space, a sign consisting of a profile view of a wheelchair
with occupant in white on a blue background.

And either one of the following items:

(2) By outlining or painting the stall or space in blue and
outlining on the ground in the stall or space in white or suitable
contrasting color a profile view depicting a wheelchair with
occupant.
(3) By outlining a profile view of a wheelchair with occupant in
white on a blue background, of the same dimensions as in paragraph
(2). The profile view shall be located so that it is visible to a
traffic enforcement officer when a vehicle is properly parked in the
space.

To appeal your parking cite, you will have to contact the parking authority that issued it and find out what their procedures are. Usually you CAN appeal them in writing. And itr won't be in court, it will be to an administrator with the city or county agency that issued the cite. If you lose the hearing, you usually have another level of appeals to a panel put in place by the city/county.

Good luck. And it is always a good idea to stay out of the spaces whether they are clearly marked or not ... and it's also likely that the person who gave you permission did not have the legal authority to do so.

- Carl

 

[pochaev]

Thank you very much for your answers !