Sunday, October 10, 2010

2nd Level Appeals Denied - Update

Expired Meter Ticket - #775855xxx
Date of Violation: 01/09/10
1st level Appeal - letter sent 01/25/10
1st level Appeal - denial letter dated 06/26/10
2nd level Appeal - letter sent 07/23/10
2nd level Appeal - denial letter dated 09/14/10

Denial reasoning: "The vehicle was cited for parking at an expired meter. In your protest letter, you stated that the ticket is not valid because the statement on the back of the citation that payments may be made by mail is not in bold print as required by Cal. Veh. Code section 40203. You do not provide any legal authority that the remedy for failure to have bold print is dismissal of the ticket. You further contend that because the ticket was not in proper form (because of lack of bold print) it is not in prima facie evidence of the violation. The information on the back of the ticket is not relevant to the substantive violation of an expired meter. You have not offered a substantive defense to the meter ticket itself. Given the foregoing, I find the citation."

Street Cleaning Ticket - #777187xxx
Date of Violation: 02/04/10
1st level Appeal - letter sent 02/17/10
1st level Appeal - denial letter dated 07/19/10
2nd level Appeal - letter sent 07/23/10
2nd level Appeal - denial letter dated 09/14/10
Traffic Court Decision - 02/14/11 DISMISSED!

Denial reasoning: "The vehicle was cited on 02/04/10 for parking in a street cleaning zone. The basis of your protest is that the ticket does not contain the month and year of the vehicle registration. You state that two previous tickets issued on 01/05/10 and 01/09/10 contain the registration information and therefore this ticket is invalid. A review of your record shows that a street cleaning (#786932xxx) issued on 09/01/10 subsequent to the one at issue in this case, also does not have the month and year. This suggests to me that the tabs were removed or not visible. The ticket issued in September was issued by Officer #101. The ticket issued in February was issued by #008. There is sufficient information on the ticket to identify your vehicle. You offered no substantive defense to the street cleaning ticket. After reviewing all evidence, I find the citation valid."

MY NEXT STEPS:
Expired Meter Ticket - #775855xxx -- I have decided to forego doing a court decision on this because I have not found a lawyer at this time to file a class action lawsuit.

Street Cleaning Ticket - #777187xxx -- I have decided to file a court appeal on this ticket. I truly believe there is enough evidence to show proof that the ticket is invalid. Court appeal letter sent on 10/09/10.

Due to backlogged in the court system, it was not heard (I sent a mail-in hearing) until 02/04/11. It got dismissed! YAY!!!

DISCLAIMER

This blog is meant to educate you about San Francisco, SFMTA, DPT, parking rules, parking citations, etc.

By reading and using this blog, you FULLY agree and understand that this blogger does not take any responsibility for information you choose to use...particularly, if you plan on contesting your parking ticket(s).

Many of the postings in this blog are based on the blogger's own experience dealing with SFMTA, DPT, DPW, etc. and personal research. While there have been instances that the blogger had been able to get his tickets reversed, he does not, in any way, guarantee that the same arguments will work with anyone else's situation.

Your use of information in this blog is totally voluntary and at your own risk.