Ask The Parking Ticket Geek

Dear Parking Ticket Geek,

After attending a party at a restaurant in Chinatown on Saturday, 9 Aug 2008, I came back to my car and found that I had been ticketed for parking at a bus stand. I have to admit I was guilty of trusting the restaurant staff who stood at the door, telling me that it was all right to park there.

I was resolved to pay the $100 fine, until I realized that the "Issue Date" was for 8 Aug 2008. I have an invite for the party and a photo taken at the party of the 9th, but I cannot prove that my car was not parked there on the 8th. If I contest this ticket, do I have a chance of getting it dismissed for the incorrect date?

Does the fact that I live in Naperville, work in Downers Grove, and very very rarely visit the city help me in any way?

Thank you for your help. Love your website.

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Regards,

Sandy

Dear Sandy,

Let start by getting the scolding out the way. First, don't park in bus stops! Second, when it comes to parking advice, trust yourself and no one else (except for me, of course). If your gut tells you not to do it, the spot is probably not worth the risk.

OK, down to business.

If the ticket was dated wrong, your ticket defense falls easily into one of the city's seven approved defenses, specifically:

5-The facts alleged in the parking or compliance violation notice are inconsistent or do not support a finding that the specified regulation was violated

Because of this error of the date, you are not liable and the ticket should be dismissed.

That being said, getting it dismissed has a tad bit of difficulty. It basically comes down to your word against the ticket writer's. It certainly helps that you have the invitation and this could be the key to your success.

If you can, I would suggest contesting this in person. I know you live and work out in the suburbs, but you can make a much more impassioned case in person than you can in a letter.

Either way, testify you were NOT in the city the day the ticket was issued, but were in the city on the 9th and show the hearing officer (or mail in a copy of the invite) the invite. Point out the address of the restaurant on the invite is the same or close to the address of the ticket.

Make sure you tell the hearing officer, like listed above, "The facts alleged in the parking or compliance violation notice are inconsistent or do not support a finding that the specified regulation was violated."

DO NOT admit you were in the bus stop. Just state you were not at that location on the 8th, and therefore the ticket was issued improperly.

This should work. Good luck and please keep us posted.

Very truly yours,

The Parking Ticket Geek

Hi PTG,

I really need your help, I am in a tight financial situation as the rest of America. As of yesterday I had five tickets that had a notice of seizure connected to them. I paid three of those off. Now that leaves me two.

With two tickets remaining shouldn't I be out of the seizure situation? Please help, I am afraid to move my car.

Iman

Dear Iman,

Dude, my ass is broke, too. So I understand your pain. In fact, this Ticket Geek gig pays SQUAT!

But unfortunately, the answer to your question is NO, you are not out of Seizure Status if you only paid three of the five tickets in Final Determination.

Sorry to say, you still need to pay those remaining tickets to avoid being booted.

According to Ed Walsh, spokesperson for the city's Department of Revenue, once your vehicle is in Seizure Status, you need to pay ALL tickets in Final Determination to lift that status.

Now, understand that Notice of Seizure is not the same thing as Seizure Status. The Seizure Notice gives you 21 days to either appeal (which probably 99% people lose) or pay your tickets before you can be booted.

The key advice to everyone is this: Make sure you NEVER have more than two unpaid tickets in Final Determination. Once you get that that third ticket, pay it right away so you don't go into Seizure Status and have to pay ALL your tickets.

I would advise checking the city's parking ticket search site once a month. And make sure you check by license plate AND your driver's license number. Because it's technically not the number of tickets per vehicle, but tickets by registered owner. In other words, if you own three vehicles in your name, and you have a single ticket on each car, each of the cars could be eligible for the boot. It used to be hard for the city to link all the vehicles together, but the city's database technology is getting faster and better. So be careful!

Iman, if you're still short on cash, do what I do and sell some blood or do whatever you have to do to pay those tickets by the deadline given on your Seizure Notice so you don't go out one day and see the dreaded boot on your car.

Very truly yours,

The Parking Ticket Geek

Every week, The Parking Ticket Geek doles out his insipid brand of Chicago parking ticket advice.

If you have a question for The Parking Ticket Geek, please e-mail the Geek at: [e-mail]

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Comments

[roald]

Your ability to prove that you were at the location the day after the ticket date does not mean you are able to prove that you were not there the date on the ticket. Getting the officer's ticket book and being able to show the jump in time might get you out of the ticket if the other commentators are correct.

[LeftRight]

But wouldn't that also prove the REST of the cop's story? Since he was doing things on the 9th, then jumped to the 8th, then jumped back to the 9th means that he was writing them all on the 9th, and since she has proof that she WAS in town on the 9th.......

[The Parking Ticket Geek - Huffpost Blogger]

LeftRight-

It doesn't matter. If the cop wrote the ticket before Sandy's ticket on the correct date and her's on the wrong date, the hearing officer, despite knowing that info, must dismiss the ticket if it is written improperly. That is the law.

[The Parking Ticket Geek - Huffpost Blogger]

Roald-

That's a really good point that I forgot to include with my initial advice to Sandy.

Getting access to that cop's tickets from that day or days, could be helpful in proving her ticket was written incorrectly and strengthen her case.

You can file a freedom of information request (FOIA) with the Dept. of Revenue and get copies of the series of tickets the cop wrote on that day. It may take a few weeks, but I've done it before and it can be helpful to get that info, depending on the situation.

[The Parking Ticket Geek - Huffpost Blogger]

LefRight-

I understand what you are trying to say, but again, the law is very specific. Here is the applicable city code.

9-64-220 Parking violations " Enforcement " Prima facie responsibility designated.

(b) Whenever any vehicle is parked in violation of any provision of the traffic code...The issuer of the notice shall specify on the notice his identification number, the particular parking regulation allegedly violated, the make and state registration number of the cited vehicle, and the place, date, time and nature of the alleged violation and shall certify the correctness of the specified information by signing his name as provided in Section 11-208.3 of the Illinois Vehicle Code.

Please note in section (b) the words "and the place, date, time..."

In Sandy's case, the date must be correct and it was not. This is NOT a loophole. Sandy is following the law by pointing out to the hearing officer that the ticket is erroneous.

Any competent hearing officer would dismiss the violation if Sandy can prove that the ticket was dated improperly. This is because the ticket does not follow the law.

If you don't believe me, ask a hearing officer.

Important note: If any of the elements I quoted above are missing from the ticket or incorrect, it is an improperly issued ticket and must be, by law, dismissed.

So to reiterate, Sandy is following the law, not breaking the law.

The PTG

[LeftRight]

I understand what you're saying, and you're right, she would be able to get out of the ticket. My problems are twofold:

1) she should just pay the ticket and live with it, it's the honorable thing to do.

2) You said that there was no violation, since the officer wrote the wrong date. That's not true. There WAS a violation, she DID break the law. She was CAUGHT breaking the law. Just because the city's own laws allow for no fines to be paid if the officer messes up on the ticket doesn't change the fact that Sandy BROKE THE LAW.

[The Parking Ticket Geek - Huffpost Blogger]

LeftRight-

I understand your point of view. But...we'll just have to agree to disagree here. I like it when people get out of tickets. The city makes so much money out of improperly issued tickets, it's only just that when someone challenges them and wins on what you deem a technicality, it's just desserts.

Where you find honor in paying tickets. I find honor in having them dismissed for whatever reason.

[LeftRight]

And you're right, Sandy is pointing out that the officer failed to follow the law, and she IS following the law NOW. But she was BREAKING the law when the officer broke HIS.

[The Parking Ticket Geek - Huffpost Blogger]

Guys,

Let's get something straight.

There's something in this country called Due Process and the Rule of Law.

Sandy was not technically in violation of the law. She was ticketed for a violation on a date where she wasn't even in the city. This is an improperly written violation. The city cannot just slap some random info together and allege a crime or even a parking ticket violation if the facts are not true and accurate.

Thus, she was not in violation of the law and should NOT have to pay.

Let me put it another way. According to your logic, if you are driving 65 in a 55 MPH zone, you are breaking the law. But do you go ahead and cut a check to the state of Illinois every time you go 1 mile an hour over the speed limit, even though you were not ticketed?

I thought not.

If you are that free with your money, I'll give you my address and you can send me a check whenever you feel like it.

XOXO

The Parking Ticket Geek

[LeftRight]

She was ticketed for violating city law. Just because the ticketing officer had a brainfart and wrote the wrong date does not change that. If she got a ticket for going 90 in a school zone (I know, she'd be arrested, but bear with me!) and the officer wrote the wrong date on the ticket, she should pay that one because she was being dangerous! In this case, she was simply making it impossible for the bus to park where they were supposed to, thus making a traffic jam a possibility! This is almost as bad from the city's perspective.

The fact is that she broke the law, and is going to have ZERO consequences because you are recommending that she exploit a loophole in the law!

[LeftRight]

And by the way, no I'm not saying that I would have to pay for driving 65 in a 55, but if I'm pulled over for doing 65 in a 55, then yes, I would pay the fine!

[bwalters]

i agree

[LeftRight]

Sandy,

You admit that you were parking in a bus zone. You admit that you listened to someone else who told you that it was okay (and that someone else was NOT the ticketing officer!!!) I've got a better solution than the one the geek gave you:

PAY THE DARN TICKET!!!!!!!!

You broke the law. There are consequences for breaking the law. Live with those consequences. I live in Bolingbrook, which has a law that states you are not allowed to park on village streets during the hours of 2am-6am. I parked my car (registered!) in front of my house (also registered!!) with my driveway FULL of cars, and I got a $30 ticket! Oh well, the law is the law, and I PAID THE DARN FINE!!!!