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contesting parking ticket, location error

defreakdefreak Registered User regular
edited October 2010 in Help / Advice Forum
I've read a bunch of comments and articles, and can't make a clear decision.

Basically, got a parking ticket, it happened on Cedarview Rd, but the officer wrote Clearview Cir instead on the ticket.

Now, pretty much everything I read so far said a small discrepancy like Cedarview St instead of Cedarview Rd is not enough to throw out the ticket, or like Cederview instead of Cedarview, officers are allowed to make "typos" like that.

What I need an opinion on is, is Clearview Cir different enough from Cedarview Rd? also, Clearview Cir does exist in my city, it is 23 miles away from Cedarview Rd.

Thanks.

defreak on

Posts

  • Iceman.USAFIceman.USAF Major East CoastRegistered User regular
    edited October 2010
    Just got to ask yourself if it's worth your time to contest. How much is your time worth? How much is the ticket? If the other street does exist, I'd say your odds go up if you can show you clearly were not there.

    Really it all depends on the judge and how generous they are feeling that day.

    Iceman.USAF on
  • EshEsh Tending bar. FFXIV. Motorcycles. Portland, ORRegistered User regular
    edited October 2010
    Pay it. You yourself already said it's not enough to get it thrown for. Why is anything we say going to convince you otherwise?

    "But Judge, the officer made a typo."

    Not going to fly.

    Esh on
  • YogoYogo Registered User regular
    edited October 2010
    If you were actually parking illegally then I would suggest you just pay the fine.

    If you weren't, then contest it with all your might (but in relation to your time/worth ratio).

    Yogo on
  • MushroomStickMushroomStick Registered User regular
    edited October 2010
    Was the ticket mailed to you or left on your windshield? Mailed, I would fight it. Windshield, probably not.

    MushroomStick on
  • EshEsh Tending bar. FFXIV. Motorcycles. Portland, ORRegistered User regular
    edited October 2010
    Was the ticket mailed to you or left on your windshield? Mailed, I would fight it. Windshield, probably not.

    He already admitted he was at fault. I don't think that advocating lying in court is a good idea.

    Esh on
  • MushroomStickMushroomStick Registered User regular
    edited October 2010
    Esh wrote: »
    Was the ticket mailed to you or left on your windshield? Mailed, I would fight it. Windshield, probably not.

    He already admitted he was at fault. I don't think that advocating lying in court is a good idea.

    Did he? I can see why you'd make the assumption, but I don't see where the OP has flat out admitted guilt.

    MushroomStick on
  • RUNN1NGMANRUNN1NGMAN Registered User regular
    edited October 2010
    I've never gotten a parking ticket that I've had to go to court to challenge, so the "don't lie in court!" hyperventilation is probably no applicable.

    Parking tickets are usually administrative fines--the only appeal you're likely to get is some poor soul at city hall. Go, be nice, and they might just drop the ticket because you didn't scream at them. If that doesn't work, just say you weren't ever parked on that street, or better yet check out the street and see if there's even a no parking zone. Either way, the person in the parking office will probably drop it.

    RUNN1NGMAN on
  • EshEsh Tending bar. FFXIV. Motorcycles. Portland, ORRegistered User regular
    edited October 2010
    RUNN1NGMAN wrote: »
    I've never gotten a parking ticket that I've had to go to court to challenge, so the "don't lie in court!" hyperventilation is probably no applicable.

    Parking tickets are usually administrative fines--the only appeal you're likely to get is some poor soul at city hall. Go, be nice, and they might just drop the ticket because you didn't scream at them. If that doesn't work, just say you weren't ever parked on that street, or better yet check out the street and see if there's even a no parking zone. Either way, the person in the parking office will probably drop it.

    I don't remember hyperventilating about anything, but sure.

    So basically, be weaselly about it. Gotcha.

    EDIT: This is how it will go.

    Defreak: I wasn't parked on Cedarview Circle.
    Clerk: Where were you parked?
    Defreak: Cedarview Rd.
    Clerk: Were you parked illegally?
    Defreak: Yes.
    Clerk: Pay the fine.

    Esh on
  • EshEsh Tending bar. FFXIV. Motorcycles. Portland, ORRegistered User regular
    edited October 2010
    Esh wrote: »
    Was the ticket mailed to you or left on your windshield? Mailed, I would fight it. Windshield, probably not.

    He already admitted he was at fault. I don't think that advocating lying in court is a good idea.

    Did he? I can see why you'd make the assumption, but I don't see where the OP has flat out admitted guilt.

    He didn't deny that he was at fault. If he thought that he wasn't at fault, he would've said something in the OP so that it could be measured into his argument.

    Esh on
  • MushroomStickMushroomStick Registered User regular
    edited October 2010
    Esh wrote: »
    Esh wrote: »
    Was the ticket mailed to you or left on your windshield? Mailed, I would fight it. Windshield, probably not.

    He already admitted he was at fault. I don't think that advocating lying in court is a good idea.

    Did he? I can see why you'd make the assumption, but I don't see where the OP has flat out admitted guilt.

    He didn't deny that he was at fault. If he thought that he wasn't at fault, he would've said something in the OP so that it could be measured into his argument.

    Again man, you're making assumptions. I'm not saying the OP wasn't guilty, all I'm saying is that detail has not been clarified and shouldn't be assumed either way at this point.

    MushroomStick on
  • RUNN1NGMANRUNN1NGMAN Registered User regular
    edited October 2010
    Unless the OP wants some moral guidance as to whether he should or should not pay the ticket, I don't see that it's relevant to his question. Ticket writers can be pretty crummy sometimes, and he hasn't given any specifics as to the situation, which I take to mean that he's not interested in debating the particulars as to whether it was deserved or not.

    The ticket has an error on it, either in that there's (maybe) no "No Parking" zone where it says the ticket was given, and the car was not where the ticket says it was. If you want to get out of the ticket, you can probably do it if you're polite, contrite, and catch the person in the parking office on a good day. I've done it, lots of other people have done it, it's not a big deal.

    RUNN1NGMAN on
  • matt has a problemmatt has a problem Points to 'off' Points to 'on'Registered User regular
    edited October 2010
    In the past two years we've had our delivery drivers contest 4 tickets that were written with either the wrong street or the wrong address for the street they were on. All 4 times they were at fault, all 4 times the tickets were tossed due to the incorrect information on the ticket. It helped of course that we had a delivery route sheet that showed where they were actually parked.

    matt has a problem on
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  • EshEsh Tending bar. FFXIV. Motorcycles. Portland, ORRegistered User regular
    edited October 2010
    RUNN1NGMAN wrote: »
    Unless the OP wants some moral guidance as to whether he should or should not pay the ticket, I don't see that it's relevant to his question. Ticket writers can be pretty crummy sometimes, and he hasn't given any specifics as to the situation, which I take to mean that he's not interested in debating the particulars as to whether it was deserved or not.

    The ticket has an error on it, either in that there's (maybe) no "No Parking" zone where it says the ticket was given, and the car was not where the ticket says it was. If you want to get out of the ticket, you can probably do it if you're polite, contrite, and catch the person in the parking office on a good day. I've done it, lots of other people have done it, it's not a big deal.

    We got it already. Be weaselly about it and try to wriggle out of it. Opinion noted.

    He already said various sources have pointed to the fact that "No, that isn't going to work.", unless you have antecdotal evidence to prove otherwise? We've already established that there's not going to be a difference between Circle and Road. He's guilty, and advocating anything else is advocating lying.

    Esh on
  • ceresceres When the last moon is cast over the last star of morning And the future has past without even a last desperate warningRegistered User, Moderator Mod Emeritus
    edited October 2010
    We got it Esh, thanks.

    ceres on
    And it seems like all is dying, and would leave the world to mourn
  • DemerdarDemerdar Registered User regular
    edited October 2010
    I used to write parking tickets on campus, and if any errors on the ticket were made, they were grounds for them to be voided. This was especially true for wrong dates on the tickets as well as wrong locations. Go ahead and contest it, I really doubt it will fly though without some sort of alibi that can be verified.

    Demerdar on
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  • SmokeStacksSmokeStacks Registered User regular
    edited October 2010
    Arguing with Esh is like throwing darts at a brick wall. It doesn't matter how good your points are, they just bounce right off.

    How much is the fine? If it's low you might as well just pay it, it'll take less time, be less of a hassle, and a minor non-moving violation that is paid off will most likely be inconsequential on your driving record. And, assuming you're guilty, you could take it as a lesson not to do whatever it is that you did that got you a ticket.

    If it's stiff, or if you're actually innocent, or if you have the free time, or if you just want to get a feel for how low level legal proceedings work, sure, contest it. The worst case scenario is you're out of some time, and you still have to pay the fine you already had to pay anyway. There's a pretty big difference between Cedarview Road and Clearview Circle (which are two completely different street names, and it seems like pretty sloppy police work to get the two confused), so if you're polite and the court isn't busy you might have a decent shot at making it go away.

    Or you could just pay it and know that you're contributing vital dollars to the Police/Fire/Road/Etc budget for your city/county.

    SmokeStacks on
  • Al_watAl_wat Registered User regular
    edited October 2010
    Usually wrong information means the ticket is invalid.

    My buddy recently got a ticket where they fucked up his license plate number on the ticket.

    He won't be paying that ticket.

    Although that's a bit different than them fucking up the location on the ticket - i think that should still make it invalid. Of course you need to be able to prove it....

    Al_wat on
  • Lord PalingtonLord Palington he.him.his History-loving pal!Registered User regular
    edited October 2010
    This kind of thing happened to me once in Arlington, TX a few years back. I was in a car that got pulled over, wasn't wearing my seat belt (my bad). Officer wrote down "___ St" instead of "___field St." I went to go pay the fine, the clerk told me there was no "___" St, so he couldn't process the ticket, so it was void.

    I'd just go with the intent to pay the fine, but who knows, you might get lucky. Either way, learn your lesson. I've never driven in a car without a seatbelt since.

    Lord Palington on
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  • WezoinWezoin Registered User regular
    edited October 2010
    I'd second going in with money in hand, expecting to pay, and just mention to the clerk "By the way, it was actually on ______ instead of ______, is that usually grounds for voiding it?" and if they say "yes" then challenge it, if they say "no" then just pay it and get it over with.

    Wezoin on
  • defreakdefreak Registered User regular
    edited October 2010
    Sorry, should have given more information.

    The parking ticket was left on my windshield, I was parked in front of my house, it was for "wrong direction on a 2 way street". My house is directly in the middle of either direction of Cedarview Rd, and depending on which job I'm coming home from, I park facing different directions each time.

    I knew it was illegal to park facing the wrong direction in a non residential area, especially when there is a clear line in the middle separating the two traffic directions. I didn't know that law extended to residential areas too, where there are no such "lines".

    I also looked up the reasoning of the law, and for the most part, it's a safety issue. However, I do not believe there is an issue when applied to a residential area. Therefore, I am bitter about the ticket, and adding the fact I would prefer not to part ways with any amount of money because we just bought the house and there are still plenty of repairs to be done, bottom line is I don't think I should pay $45 for something so stupid and harmless.

    However, laws are laws, and not knowing a law is not an excuse for breaking one, so I was prepared to suck it up and pay it, until I noticed the location was not correct. That gave me the idea of possibly contesting it, especially since Dallas allows you to mail in a contest, so there is no time wasted in court.

    Which brings me back to my original question, in your opinion, is Cedarview Rd a big enough diffference from Clearview Cir that it won't be considered a "typo" or "minor mistake".

    Again, that's Cedarview Rd and Clearview Cir.

    Not Cedarview Rd and Cedarview Cir, I already know this will not be different enough.

    I am probably going to take Wezoin's advice, because I have no intention of lying, but if the policeman did mess up enough, I will not hesitate to take advantage of his mistake and save myself $45.

    defreak on
  • MushroomStickMushroomStick Registered User regular
    edited October 2010
    Does the law extend to residential areas? I've never even heard of this kind of law before and it sounds kind of bazaar to me, but if it is a law, even a stupid one, and you broke it, you should suck it up and pay it. However, if you really think there's a possibility the law doesn't apply to where you were actually parked, I'd at least take the time to research that.

    MushroomStick on
  • DemerdarDemerdar Registered User regular
    edited October 2010
    defreak wrote: »
    Sorry, should have given more information.

    The parking ticket was left on my windshield, I was parked in front of my house, it was for "wrong direction on a 2 way street". My house is directly in the middle of either direction of Cedarview Rd, and depending on which job I'm coming home from, I park facing different directions each time.

    I knew it was illegal to park facing the wrong direction in a non residential area, especially when there is a clear line in the middle separating the two traffic directions. I didn't know that law extended to residential areas too, where there are no such "lines".

    I also looked up the reasoning of the law, and for the most part, it's a safety issue. However, I do not believe there is an issue when applied to a residential area. Therefore, I am bitter about the ticket, and adding the fact I would prefer not to part ways with any amount of money because we just bought the house and there are still plenty of repairs to be done, bottom line is I don't think I should pay $45 for something so stupid and harmless.

    However, laws are laws, and not knowing a law is not an excuse for breaking one, so I was prepared to suck it up and pay it, until I noticed the location was not correct. That gave me the idea of possibly contesting it, especially since Dallas allows you to mail in a contest, so there is no time wasted in court.

    Which brings me back to my original question, in your opinion, is Cedarview Rd a big enough diffference from Clearview Cir that it won't be considered a "typo" or "minor mistake".

    Again, that's Cedarview Rd and Clearview Cir.

    Not Cedarview Rd and Cedarview Cir, I already know this will not be different enough.

    I am probably going to take Wezoin's advice, because I have no intention of lying, but if the policeman did mess up enough, I will not hesitate to take advantage of his mistake and save myself $45.

    Yes, I would say you have a very good chance of getting this voided.

    Demerdar on
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  • Mr FuzzbuttMr Fuzzbutt Registered User regular
    edited October 2010
    If I drive a hatchback but they list it as a sedan is that voidable?

    Mr Fuzzbutt on
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  • ceresceres When the last moon is cast over the last star of morning And the future has past without even a last desperate warningRegistered User, Moderator Mod Emeritus
    edited October 2010
    If the two roads both exist but are as far apart as you say, they may be located in different jurisdictions and that's probably enough to get it voided without you even saying anything.

    But definitely go in prepared for the possibility that it won't.

    ceres on
    And it seems like all is dying, and would leave the world to mourn
  • WezoinWezoin Registered User regular
    edited October 2010
    If I drive a hatchback but they list it as a sedan is that voidable?

    4 door hatchback? It's a sedan.
    2 door hatchback? It's a coupe.

    It can be a hatchback sedan, or hatchback coupe, etc...

    My Land Rover is technically listed as a Stationwagon, despite it being a giant SUV.

    Wezoin on
  • adytumadytum The Inevitable Rise And FallRegistered User regular
    edited October 2010
    OP, I've never heard of anywhere that parking against traffic is legal on any street.

    It's just that on a quiet residential street your chances of being ticketed are close to nil.

    adytum on
  • MolybdenumMolybdenum Registered User regular
    edited October 2010
    oh hey
    I actually did read that as cedarview and cedarview in the OP, but
    cedarview and clearview? That's a sizable difference. If I had directions for "clearview" and the street sign said cedar, I would likely pass it the first time and try to find "clear". residential areas being lower speed limits and often having themed streetnames (places in England! types of rocks! things that start with 'c' and end in 'view'!) means I'm likely to be pickier than on a main drag where a word around the right length with some of the right letters will do. It still exists in the gray area of "yeah, its fairly obvious what he meant", but not so much that in a filing office you'd readily account for it. Fight it, and emphasize that the entire street name is wrong, not just the extension or an incorrect vowel. This is an entirely different street we're talking.

    Molybdenum on
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  • HambrabaiHambrabai Registered User regular
    edited October 2010
    Usually if you explain the ticket and it's errors to the desk clerk in the parking division they tend to void them. Of course your mileage may vary depending on the clerk and the city. I had a ticket issued to me for a Green Dodge F150 Sedan (which would be an impossible vehicle) with my license plate and the city clerk refused to void the thing because part of it was right.

    Hambrabai on
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