Ticket in University parking lot

[RHD22]

So say I am managing an apartment building and have a space reserved for me. It is in my contract that I can ticket people parked in that spot. That doesn't mean that those people violating the sign-age have to pay the fine, it isn't a state or federal law or sign....

 

[RHD22]

So say I am managing an apartment building and have a space reserved for me. It is in my contract that I can ticket people parked in that spot. That doesn't mean that those people violating the sign-age have to pay the fine, it isn't a state or federal law or sign....

 

[I_Got_Banned]

So say I am managing an apartment building and have a space reserved for me. It is in my contract that I can ticket people parked in that spot. That doesn't mean that those people violating the sign-age have to pay the fine, it isn't a state or federal law or sign....

So you're saying that if you were cited for a municipal ordinance violation, you would challenge it on the grounds that it isn't state mandated and it isn't federally mandated and therefore you don't have to pay it?

Now, narrow that down a bit and understand that you are being penalized for violation a university policy.... get it?

If not, then waste your time by arguing the validity and if they don't agree, then refuse to pay it if you choose. Come graduation/transcript time, you WILL be paying the FIFTY DOLLAR fine PLUS penalties...

 

[cyjeff]

Okay.

You are not hearing me.

The RHD is NOT a police authority. However, they can and do send students to student judiciary every day for infractions that are not a crime.

You can fight it.

Start with admitting that you were parked in the space.
Then state that you don't recognize the authority of the RHD to enforce housing rules.

Have your parking sticker with you. It will be easier to return.

 

[Zigner]

So say I am managing an apartment building and have a space reserved for me. It is in my contract that I can ticket people parked in that spot. That doesn't mean that those people violating the sign-age have to pay the fine, it isn't a state or federal law or sign....

As was mentioned before, there ARE consequences to not paying the fine, as agreed to contractually.

 

[RHD22]

Right, I get it. If I get denied, I have to pay. Not what I am debating.

I was saying that I haven't found any evidence in University laws or state laws that say in any case that a civilian (aka an RHD) can give a student a ticket. I was simply asking if anyone had information in that regard. Obviously I would pay the ticket if I am wrong; however, why wouldn't I fight it? You never simply hand money over without clarifying the circumstances

 

[proud_parent]

Right, I get it. If I get denied, I have to pay. Not what I am debating.

I was saying that I haven't found any evidence in University laws or state laws that say in any case that a civilian (aka an RHD) can give a student a ticket. I was simply asking if anyone had information in that regard. Obviously I would pay the ticket if I am wrong; however, why wouldn't I fight it? You never simply hand money over without clarifying the circumstances

If this is a state university, the authority to establish and enforce parking regulations on school property is derived from Wisconsin Statutes. If the school is part of the University of Wisconsin System, see Wisconsin Statutes 20.285(1)(h) and 36.11(8) and Wisconsin Administrative Code 18.05.


In addition to consequences levied by the the school, you may face additional consequences from the state if the citation is referred to the DOT for enforcement. From the website of one of the schools in the UWS:

The Wisconsin Department of Transportation may refuse renewal of vehicle registration or suspend vehicle registration if citations are not paid or appealed promptly. Additional fees are assessed for all unpaid citations that are referred to the Department of Transportation or are left unpaid after a reasonable amount of time.

 

[RHD22]

It is a state school, UWO.....I took your advice and looked up those statutes. I didn't see anything anywhere in there that said an RHD is capable of handing out tickets. I did read that the chancellor can dictate who becomes police (called peace officers)

I guess the thing to do is find out whether or not the RHD's job title is 'peace officer'

 

[proud_parent]

It is a state school, UWO.....I took your advice and looked up those statutes. I didn't see anything anywhere in there that said an RHD is capable of handing out tickets. I did read that the chancellor can dictate who becomes police (called peace officers)

I guess the thing to do is find out whether or not the RHD's job title is 'peace officer'

Did you see the part "Parking attendants are authorized to enforce the parking regulations in s. UWS 18.05."?

Forget the title. Care to bet that parking enforcement for posted tow-away zones -- including the RHD's own reserved parking space -- would fall under "other duties as assigned"?

 

[I_Got_Banned]

It is a state school, UWO.....I took your advice and looked up those statutes. I didn't see anything anywhere in there that said an RHD is capable of handing out tickets. I did read that the chancellor can dictate who becomes police (called peace officers)

I guess the thing to do is find out whether or not the RHD's job title is 'peace officer'

What makes you think that they have to be "peace officers" to issue a parking ticket? That doesn't even apply to public highways/roadways (city parking enforcement agents are not necessarily "peace officers").

At any rate, this is from your school's website: http://www.uwosh.edu/parking/citations-violations/towaway-policy

Tow-away Policy

University police officers, residence hall directors or Parking Services enforcement officers are authorized to have a vehicle towed away if it is found to violate any posted tow-away zones, such as impeding traffic; is blocking another vehicle; or is parking on the lawn, mall or sidewalk. Repeat violations and/or nonpayment of parking citations may also result in impounding the vehicle involved or removing it from University owned or operated property at the owner's expense.

During a snow emergency, vehicles parked in a commuter lot after midnight will be ticketed and towed to allow snow removal.

If your vehicle is towed, contact the Parking Services office for the location of the impounding agent. The driver of a towed vehicle will be responsible for the towing and storage expenses. The University is not responsible for any damage incurred due to towing. Towed vehicles will be released when all outstanding citations, towing charges and storage fees have been paid.

Abandoned or impounded vehicles will be disposed after 60 days and notification of the owner, unless the owner contacts the Parking Services office and makes provisions to release the vehicle and pay all outstanding fines and expenses.​

​

Now, I realize you're going to come back and argue that the RHD is authorized to tow but not to cite... It would be safe to assume that the RHD did not have citation forms printed on his own accord and even safer to assume that the fine you will end up paying is going to the University and NOT to the RHD. But you're free to keep digging in hopes you'll be saved by a miracle.

Furthermore, if you appeal the citation, you're appealing as follows: (http://www.uwosh.edu/parking/citations-violations/appeals)

Appeals

The Parking Appeals Committee will evaluate all properly submitted appeals to determine whether cause exists to set aside citations. A written appeal must be received by the Parking Services office within 72 hours from the date of the citation (excluding Saturdays, Sundays and holidays). Except under extenuating circumstances, late appeals will not be accepted.

The committee consists of seven members: two academic staff members, two classified staff members, two students and one Faculty Senate appointment. The committee meets on a weekly basis throughout each fall and spring semester and at other times during the year, as needed.

Once an appeal is filed, no late fees are added to that citation while the appeal is pending review by the committee, as long as the appeal is filed within the time limit. Following the meeting, a letter is sent to each appellant to notify of the committee's decision. If the committee denies an appeal, a new due date for payment of the citation is given. A citation is then to be paid by that due date in order to avoid additional late fees or other penalties.

Appeals are NOT granted for the following reasons:

"Everyone else does it."

"I was only there for ___ minutes."

"I've been parking there for ___ days/weeks without receiving a citation."

"I did not know..."

"I did not see the sign."

"I cannot afford the fine."

"Someone (nameless person) told me I could park there without a permit/receiving a citation."

All other appeals may or may not be granted at the discretion of the Parking Appeals Committee.

Click here if you wish to file an appeal.​

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Lastly, (http://www.uwosh.edu/provost/academiccal/2010.php) it looks to me like "Spring Break" was over on March 27th... If that is true, and since we're over a month away from that date, you've waited too long to appeal. So it might be too late to do anything except for pay the fine (and maybe even a late fee).

 

[RHD22]

I have read everything on the website and much more. proud__parent, thank you for adding some information.

As for the person who quoted my own school's website--that doesn't help. I can read. It would matter if they are an officer of be peace because under Wisconsin law 36.11, the chancellor has to name an employee a University police officers (to be deemed peace officers) in order for them to give tickets.

Now I know what will happen if I don't pay the fine, I'm not a delinquent, I was simply asking for advice, which I have gotten only sparingly.

I have been involved with the appeal process since March 27, roughly twenty minutes after receiving my ticket, and continue to be involved so no, I am not violating the 'late payment' policy. Thanks though.

 

[RHD22]

In short, my question is this: if the RHD has NOT been deemed a University police officer, can they write a ticket? IF they are not a police officer (ie peace officer in this instance) then it wouldn't matter if they have it in their contract that they can hand out citations, right? That kind of goes back to the apartment building example of them being just another someone handing you a ticket.

 

[Zigner]

In short, my question is this: if the RHD has NOT been deemed a University police officer, can they write a ticket? IF they are not a police officer (ie peace officer in this instance) then it wouldn't matter if they have it in their contract that they can hand out citations, right? That kind of goes back to the apartment building example of them being just another someone handing you a ticket.

Are you really this dense? This question has been asked and answered...and answered...and answered.

 

[AnotherTenant]

In short, my question is this: if the RHD has NOT been deemed a University police officer, can they write a ticket? IF they are not a police officer (ie peace officer in this instance) then it wouldn't matter if they have it in their contract that they can hand out citations, right? That kind of goes back to the apartment building example of them being just another someone handing you a ticket.

Do you really not get it, or are you being deliberately obtuse? The University does not give a rat's hindquarters about state law. The violation occurred on University property, and therefore university law applies. And university law says that the RHD can, indeed, write you a ticket.

While the University probably can't apply the same municipal penalties to your violation that the city/state would (I don't know if they can, and I don't care so I'm not going to waste my time looking it up), they are certainly free to follow their own law and fine you.

 

[RHD22]

I don't believe people have really answered it. I know the University says that an RHD is an authority contractually; however, if it says it in their contract and not under the restrictions in 36.11, how can they give me a ticket?