2nd notice for parking tkt, never got 1st tkt, was in the car...??

[sarahc600]

What is the name of your state?What is the name of your state? California (los angeles)

If anyone has any insight, I'd really appreciate it. I just received a 2nd notice for a parking ticket in the mail. I never received a first ticket, however, and I'm positive I was in the car at the time. The car was on and pulled over (but still in the street, not at the curb) with the hazards on, and I was waiting for my sister to come out of a building.

I assume a cop saw the car and cited me, but is it lawful for them to write you up without telling you or giving you the ticket? No one approached the car, and the notice in the mail was news to me.

Thanks!

 

[seniorjudge]

What is the name of your state?What is the name of your state? California (los angeles)

If anyone has any insight, I'd really appreciate it. I just received a 2nd notice for a parking ticket in the mail. I never received a first ticket, however, and I'm positive I was in the car at the time. The car was on and pulled over (but still in the street, not at the curb) with the hazards on, and I was waiting for my sister to come out of a building.

I assume a cop saw the car and cited me, but is it lawful for them to write you up without telling you or giving you the ticket? No one approached the car, and the notice in the mail was news to me.

Thanks!

....Pay it....

 

[JETX]

is it lawful for them to write you up without telling you or giving you the ticket?

Yes. In those cases where a ticket is not personally presented, it is common for them to be mailed.

 

[wirry1422]

It really depends where you are. I don't have a clue about LA (if i were you though, i would find out by doing some online municipal code research.) But I am in Chicago, and i just appealed a parking citation today. The man ahead of me barely spoke a word of English, but managed to convey to the ALJ with the help of a translator, that the ticket had never been placed on his car or given to him, that he only got a notice weeks later in the mail. That was all the "judge" needed to hear, and she promptly dismissed the case, stating that the city failed to establish its prima facia case. The judge was absolutly right, as the first chapter to the parking section of the municipal code of the city of Chicago, explicitly states that the parking ticket is to be handed to the operator of the vehicle, or affixed in a conspicuous place if the operator is not present. Nowhere in the code does it say that the original citation can be mailed. Now most chicago ALJ's will ignore this issue, even when told by the appealant that the ticket was only mailed to them later, unless the appealant specifically brings up that section of the code, and even then some of the judges ignore that fact anyway. However, legally the citation is required to be given out at the time of the violation, and if more people were aware of this, Chicago would be losing a much larger portion of their parking cases on appeal. So in conclusion, make sure that the ticket was administered in accordence with the methods indicated in the local municipal code pertaining to parking citations. Check a free site called municode on the internet for local codes.

 

[JETX]

I don't have a clue about LA

Then why the hell did you feel compelled to respond to this post??

 

[wirry1422]

Simply to annoy you. Mission accomplished.