Parking ticket

[Jfitchett]

Jurisdiction

Texas

I was attending a high school football game and there were no parking spots available. I decided to park along the road in the parking lot like everyone else and we all received citations for parking on the sidewalk. As you can see, there is no sidewalk where I parked at but one the next section of the parking lot there is a side walk clearly visible and the white truck clearly parked on the sidewalk. I'm the silver truck. Do I have a case to overturn this charge? I have court at 9am tomorrow to contest it.

 

[adjusterjack]

Those photos are two dark to make out anything. Post some daytime photos of the area.

What's the statute number that you were cited for? If it was a city ordinance, give the name of the city and the ordinance number.

 

[Jfitchett]

Those photos are two dark to make out anything. Post some daytime photos of the area.

What's the statute number that you were cited for? If it was a city ordinance, give the name of the city and the ordinance number.

I

 

[Jfitchett]

It didn't list a statute number. When I asked for it at the clerks window they advised they couldn't give it to me. Then the lady walked away for about five minutes and came back with statute sec 545.302 (2) and told me that if I wanted to look it up myself and do research on it then that is the reason and the statute the citation was written for. In the pictures I posted, the white truck is clearly parked on the side walk. The side walk ends in that section of the parking lot. There is no sidewalk where I parked at and I'm approximately 4 ft from the curb.

 

[adjusterjack]

It didn't list a statute number. When I asked for it at the clerks window they advised they couldn't give it to me. Then the lady walked away for about five minutes and came back with statute sec 545.302 (2) and told me that if I wanted to look it up myself and do research on it then that is the reason and the statute the citation was written for.

Here it is:

Texas Transportation Code - TRANSP § 545.302 | FindLaw

However, 541.302 defines "sidewalk."

(16) "Sidewalk" means the portion of a street that is:
(A) between a curb or lateral line of a roadway and the adjacent property line; and
(B) intended for pedestrian use.

Texas Transportation Code - TRANSP § 541.302 | FindLaw

In the pictures I posted, the white truck is clearly parked on the side walk. The side walk ends in that section of the parking lot. There is no sidewalk where I parked at and I'm approximately 4 ft from the curb.

It's possible that the area you parked on qualifies as a "sidewalk" by virtue of its location and intention for pedestrian use even though what is commonly thought of as a sidewalk and/or curb is not present.

If that's the case then your photos only prove that you were properly cited.

 

[Jfitchett]

Right, But it says intended for pedestrian use. The officer advised that it could be grass and it's still a side walk. So I asked him if they cited the people parked on the grass and he stated that they did not. Hmm!! I think that is where I have them!!

 

[adjusterjack]

Well, good luck then.

 

[Highwayman]

I see pedestrians walking on that sidewalk so I guess that flushes your argument down the toilet.

 

[army judge]

Sidewalk doesn't only mean a concrete slab upon which human feet might tread. The ordinance does define it further, however as our "adjuster jack" illustrated in his quote hereinabove @ section 16 (A) 16 (B).

Your vehicle is clearly sitting in that area where a concert slab might exist, a grassy area, a dirt filled area, a rocky area, or even an asphalt area where your vehicle prominently sits.

You won't beat this citation, mate.

You are, however, free to try and you'll be allowed to defend yourself.
good luck.

 

[Jfitchett]

Ticket dismissed suckers. The law also states that if a sidewalk is present it must be utilized. Which in my case, the sidewalk is across the street. The portion of parking lot where I was parked does not lead to anything so therefore it's not a sidewalk accessible for disabled people. The area is not accessible by wheel chair like on the previous block that has the sidewalk slanted down for wheel chairs. The ADA would make the city come in and fix that and I think the city does not want to spend the money to make it wheel chair accessible and mark it as such.

 

[Michael Wechsler]

I don't think anyone is a sucker - more likely you were very fortunate. The fact that there is a sidewalk across the street doesn't necessarily mean that what you parked on isn't intended to be used by pedestrians as a sidewalk or that it is a legal parking spot. It's quite possible that the ADA was lenient, figuring that your showing up and losing time (= money) was enough. The overwhelming majority of the time these tickets are almost impossible to fight unless there is a clear error or other circumstance. We also don't have a better photo of the area and can only judge by what we see. My recommendation would be not to park there again unless there is some clarification as to why where you parked wasn't a violation (for example, that area is part of a private parking lot that extends to the curb and not a public sidewalk.)

 

[adjusterjack]

The law also states that if a sidewalk is present it must be utilized. Which in my case, the sidewalk is across the street. The portion of parking lot where I was parked does not lead to anything so therefore it's not a sidewalk accessible for disabled people. The area is not accessible by wheel chair like on the previous block that has the sidewalk slanted down for wheel chairs.

Congratulations. All we had to go on was the statute because your photos were too dark to show anything supporting your position. The information you get here is only as good as the information you give.