Parking Citation Appeals

T

Tony M

New Member
Jurisdiction
California
Court: Orange County Courts, Santa Ana, CA

Hello,

I was wondering if anyone could point me in the right direction. I received a parking citation for having a motor home without a permit. The problem is that my vehicle is a work Sprinter van that I use for work. The citation was issued in front of my business.

I submitted the appeal with the city showing a picture of the inside: came back denied.

I appealed to the city. There, I provided more information like the vin number and definition of recreational vehicle from the CA DMV (my vehicle doesn't qualify as a recreational vehicle per california DMV): decision was upheld.

I then appealed to the superior court. The issuing city refunded my citation fee. When I showed up, the judge said that the ticket is in my name, but the registration is in my wife's name (looks like the city named me in the ticket even though the vehicle was registered in my wife's name). The city didn't show up, judge ruled in the city's favor and said to reapply with my wife's name.

I resubmitted the appeal under my wife's name. When she showed up to court, the city once again didn't show. The judge, even though having the information from the CA DMV, and documents like a picture of the vin, ruled in the city's favor. He said that the burden is on us to prove the case and what we had wasn't enough. He wanted a picture of the inside of the vehicle (granted, the city already had this and I was told that this information should have been forwarded to the court).

The judge once again ruled in the city's favor. FYI, the judge stated that he used to be a major of issuing city.

My question is; what remedies are still available to me?

Thanks in advance.
 
Honestly, just pay the ticket and move on. You're going to spend tons more money fighting it than it's even worth.
 
I'm just looking for what remedies are in place for situations like these (ie, is there an additional appeal process, or other avenues to pursue this, etc). Thanks again
 
One thing you might try is a Motion for Reconsideration and present the photos that the judge said you should have presented.

If that doesn't work, you are going to need an attorney to take an appeal any higher.
 
Tony M said:
I'm just looking for what remedies are in place for situations like these (ie, is there an additional appeal process, or other avenues to pursue this, etc). Thanks again
Click to expand...

The remedy existed at the time you transgressed.

Obey their law.

Disobey their law, they'll make your life miserable.

There's no way you can break their law and keep them out of your life.

Obey their law, don't transgress against them, they'll leave you alone.

Fritz with their laws, they'll identify you, arrest you, try you, even convict you.

Only you, can protect yourself, obey ALL of their laws.
 
adjusterjack said:
One thing you might try is a Motion for Reconsideration and present the photos that the judge said you should have presented.

If that doesn't work, you are going to need an attorney to take an appeal any higher.
Click to expand...

Thank you. I'll try this. As far as the picture, I did send one when I contested the ticket to the issuing agency. When I started the appeal at the superior court, I was told that the issuing agency is supposed to forward all materials (including any evidence I presented) to the superior court.

One quick question, why is it that the burden is on me to prove my innocence in this case?

Thanks
 
army judge said:
The remedy existed at the time you transgressed.

Obey their law.

Disobey their law, they'll make your life miserable.

There's no way you can break their law and keep them out of your life.

Obey their law, don't transgress against them, they'll leave you alone.

Fritz with their laws, they'll identify you, arrest you, try you, even convict you.

Only you, can protect yourself, obey ALL of their laws.
Click to expand...

Hey thanks, that's the point. I didn't disobey their law. I don't understand this post, but thank you.
 
adjusterjack said:
You are innocent until proven guilty. However, once the prosecution presents a prima facie case, the burden shifts to you to prove otherwise.

Definitions of "prima facie" abound:

prima facie at DuckDuckGo
Click to expand...
Thank you for this. Learned something new. I guess that the issuing parting offered no evidence other than issuing the ticket. I went through their appeal process and they never offered any evidence of their reasoning for the citation.

Thank you everyone for all the info so far. It has been helpful. I'm looking at the process on how to file the motion for reconsideration.
 
Tony M said:
I guess that the issuing parting offered no evidence other than issuing the ticket. I went through their appeal process and they never offered any evidence of their reasoning for the citation.
Click to expand...

I should have written this earlier.

Parking tickets are cash cows. Parking courts (as well as traffic tickets) are kangaroo*** courts where judges are in on the fix at every level. The local governments rely on people who are legally "challanged" or reluctant to spend the money on a lawyer to do a proper defense or appeal. The victim gets steamrolled while the revenue grows.



***This article has an amusing take on the origin of the phrase "kangaroo court."

The Origins of the Phrase "Kangaroo Court" Have Been Hiding in Plain Sight » Mosaic (mosaicmagazine.com)
 
adjusterjack said:
I should have written this earlier.

Parking tickets are cash cows. Parking courts (as well as traffic tickets) are kangaroo*** courts where judges are in on the fix at every level. The local governments rely on people who are legally "challanged" or reluctant to spend the money on a lawyer to do a proper defense or appeal. The victim gets steamrolled while the revenue grows.



***This article has an amusing take on the origin of the phrase "kangaroo court."

The Origins of the Phrase "Kangaroo Court" Have Been Hiding in Plain Sight » Mosaic (mosaicmagazine.com)
Click to expand...

Makes sense, thank you. the judge at the superior court mentioned that he used to be the mayor of the issuing city.
 
I'm writing the motion now. Any tips? Do you know if I have to send it to the other party (they didn't show to court and they refunded me the parking citation fee prior to the court date).

Thanks again
 
All motions and pleadings (with few exceptions and this is not one) have to be served on the other party to give the other party an opportunity to respond to them.
 

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