Parking Ticket--Fight or Pay?

Question

I got a parking ticket back in November in Walnut Creek California. I put 2 quarters into the meter for an hour's time, and when I came back at 5 to the hour, I had a ticket that had been written 2 minutes earlier.
I immediately filed an appeal at the police department, but I just today recieved a statement in which the reviewer upheld the citation.
I still have the option to fight this by either personal appearance, or another written request. Is it worth it? Should I appear, or send in more paperwork? What can I do or say to prove my innocence in the matter?
It's only a $25 ticket, but it's more about the principle of the matter. I'm really upset that the city can get away with ***-raping law abiding citizens by pilfering their hard earned dollars,( no matter how little), and getting away with it so dismissively.(after a month of waiting to hear back, I called and they told me they would address my citation quote "when we get around to it"
Please help. Thanks

Answer 1

As an 11 year police officer I say fight it all the way. Here's why:

(1) In all criminal matters, even infractions, you are considered innocent until proven guilty. The government has the obligation to prove you guilty and you have NO obligation to prove yourself innocent.

(2) I do not believe that your parking fine will be any larger if you go to court and lose so give it a try.

(3) When you go to court, present your case to the judge. Explain your position and the potential problem with the meter. When you receive a speeding ticket and go to court, the court will require the citing officer to present several documents relating to the citation such as calibration records for their radar unit (annual and daily calibration records are often required), the officer's training, etc. Ask that the court review these documents in considering your case. Odds are good the agency will not be able to present them and the case may be dismissed. Aslo consider taking a little survey of meters in the area where you were ticketed. Check say 100 meters and count how many are out of order. You might be surprised to find 10% or more are broken at any given time. Argue that yours was one of those meters. Give the judge doubt and your case will be dismissed.

(4) If the principal is truly the issue go all they way with it and see what happens. You might even find the system really works!

Answer 2

It will really depend on how well you believe you can represent your side of the issue to the court. Do you have any proof as to the time you had remaining on the meter? I am assuming no- and that will be a sticking point, because there are probably jerks out there who lie about how much time was remaining when they were ticketed.

If it wont cost you more money in the long run, ( lost money from time off work, parking woes again, etc.) I would try to fight it. It *is* wrong for the city to do this- and there are probbaly dozens of people daily that this happens to that just pay the ticket and dont bother to fight. And, to me, It doesnt matter if its only $25. Hey, $25 dollars can be a big deal to many people, especially after the holidays. Maybe calling upon a city/county representative along with appearing and complaining about the ticketing method as well as the length of timeit took for the city to respond & the crappy response to your call ("when we get around to it"). Maybe a letter to the editor of your local paper, or if your paper has a web site, maybe a rant section or talk back section online to voice displeasure with the methods the city is using to ticket and address appeals would at least help to draw attention to the matter.

Do you happen to have any time dated materials from that day? ( store reciepts, atm, anything that may have some time stamped on it) That would surely help.

If you decide to go ahead and pay it, I would still consider voicing complaints- maybe even to the mayors office. t least then someone will know a citizen is upset.

Best of luck to you.

ps- do look into wether or not you will have to pay additional court fees if the ticket is upheld. that may weigh into your decision as well.

Answer 3

In cases the country over where the issue of breaking the law comes down to a police officers word versus a "civilian" the civilian will lose.

Despite the fact officers are also human, subject to the vices of the world the same as others and that the court system is supposedly an equal playing field, an officers word in court is given the weight of pure, unbiased, "truth, the whole truth and nothing but the truth".

So, unless you have some sort of proof and evidence to support your case you should just pay the ticket and take your business to some place other than Walnut Creek.

Answer 4

As my brother (a cop) has often pointed out. even the most well meaning of people will often leave out important bits and not tell the whole story. Because the think they were wronged and want to show they were right even if they werent.
I am not calling you a Liar, but that EVERY story should be taken with a healthy dose of scepticism.

Examples in your case:
You mention paying for an hour's time. But not what time that hour started.
You mention you returned at 5 till the hour. But if you started your hour's time at 10 till the hour, then you WERE expired for 5 minutes. on a ticket written two minutes ago!

You also fail to mention whether or not the meter itself was showing expired or not. If it still showed time remaining then yes you were wronged and that is the easiest way to prove your case. with photographic evidence of the meter, time, and ticket.
Yet you do not say anything about the Meter, whether it was expired or not. Even if you are right on your times and the meter was faulty and expired you do not have a case because the cop who wrote the ticket can only go by what they see.
In your case,an expired meter and a parked car

Answer 5

Pay it. The fact of the matter is that the meter expired while your car was there. I don't hold your anger against you, but you have to look at this from the standpoint of what makes your life easier. And trust me, paying $25 is much better than spending all your time and energy in court. Besides, in some places you could actually end up with a higher price if the trial is in front of a jury and the jury decides on their own fine. Save yourself the frustration of all this.

Answer 6

Well I tell you what, pay the ticked for the simple reason it will cost you more in court fines if you lose and if you work that will cost you a vacation day or heck no pay at all. I know sometimes things are not fair but it's just a parking ticked. Don't lose any sleep over this one there is bigger tickets. Don't take it the wrong way I am just trying to make it a bit easier on you. Good Luck!

Answer 7

Two wrongs don't make a right, as I'm sure you have heard. Court cost is going to be more than the $50 for your ticket. Even if the driveway was solely for your friend and was not a shared driveway, you still admit that you blocked her in. I think it would be best to just pay this one.

Answer 8

Pay it. When I lived in Houston I got a parking ticket for $300.00 for parking in a loading zone. I lost the ticket in the back of my messy car and just forgot about it. I moved to Los Angeles and that $300.00 ticket became a $520.00 ticket. The city of Houston wouldn't accept my promise to pay $100.00 a month so they turned it over to a lawyer and I now owe $920.00. I paid the remaining amount on the $520.00 ticket and I am trying to talk the law office into dropping the $400.00 they tacked on for my original non payment. I would pay the ticket before they tack more charges on.

Answer 9

Pay the ticket. I have received parking tickets myself, and fought each one. I have lost every time. Your time is not worth the $25. You don't have any proof that the meter was faulty.

Answer 10

By fighting it you are costing the city money and revenue if everyone fought there tickets alot less would be given out cause the city would know its not worth dealing with for 25$