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View Full Version : So I get a ticket for parking in a handicapped.



dmontzsta
12-21-2005, 12:07 PM
The problem is it is right in front of my business door. We took the sign down a long time ago, it is only painted on the ground. It is not going to be a handicapped spot, we just havent taken the paint off the spot.
Do I have a chance of winning this?

Kilrtoy
12-21-2005, 12:12 PM
The problem is it is right in front of my business door. We took the sign down a long time ago, it is only painted on the ground. It is not going to be a handicapped spot, we just havent taken the paint off the spot.
Do I have a chance of winning this?
take some pics email them to me and i will tell you how

NOTALENT
12-21-2005, 12:12 PM
I thought every place of business is required to have handicapped parking, that may be why you got the ticket....

redi4fun
12-21-2005, 12:15 PM
Pay Up Sucker!! :)

dmontzsta
12-21-2005, 12:27 PM
take some pics email them to me and i will tell you how
Will do. What is your email address?

bunny 166
12-21-2005, 12:30 PM
Will do. What is your email address?
painintheass.com
:D

canuck1
12-21-2005, 12:32 PM
painintheass.com
:D
No he meant killers not yours :rollside:

Dusty Times
12-21-2005, 12:32 PM
I only have five parking spots in front of my new office. One being handicapped. I have already parked their a few times when there were no other spots. My office I don't want to park on the street. I was required to have a spot to compy with city ordinance.
Can we get a ticket if it's on my property?

canuck1
12-21-2005, 12:33 PM
The problem is it is right in front of my business door. We took the sign down a long time ago, it is only painted on the ground. It is not going to be a handicapped spot, we just havent taken the paint off the spot.
Do I have a chance of winning this?
Only if you introduce yourself to the officer that wrote the ticket....once he meets you he will understand why you parked there :rollside:

riverracerx
12-21-2005, 12:35 PM
Yes
No
Yes
Maybe?

bunny 166
12-21-2005, 12:37 PM
No he meant killers not yours :rollside:
:devil: :D

RiverToysJas
12-21-2005, 12:39 PM
It's my understanding to legally be a handicapped parking stall it must have BOTH the paint on the ground, and a sign in front. If either is not present, they cannot get you parking in a handicapped spot. I could be wrong, and don't feel like looking it up, but that's my understanding.
RTJas :D

Hardly Satisfied
12-21-2005, 12:39 PM
good luck

RiverToysJas
12-21-2005, 12:44 PM
Curiosity got the best of me, and I found this....
A sign MUST be present for the violation to occur. In addition to the sign, CVC 22511.8 specifies that one other form of marking must also be present:
22511.8 (a) Any local authority, by ordinance or resolution, and
any person in lawful possession of an offstreet parking facility may
designate stalls or spaces in an offstreet parking facility owned or
operated by the local authority or person for the exclusive use of
any vehicle which displays either a special license plate issued
pursuant to Section 5007 or a distinguishing placard issued pursuant
to Section 22511.55 or 22511.59. The designation shall be made by
posting a sign as described in paragraph (1), and by either of the
markings described in paragraph (2) or (3):
(1) By posting immediately adjacent to, and visible from, each
stall or space, a sign consisting of a profile view of a wheelchair
with occupant in white on a blue background.
(2) By outlining or painting the stall or space in blue and
outlining on the ground in the stall or space in white or suitable
contrasting color a profile view depicting a wheelchair with
occupant.
(3) By outlining a profile view of a wheelchair with occupant in
white on a blue background, of the same dimensions as in paragraph
(2). The profile view shall be located so that it is visible to a
traffic enforcement officer when a vehicle is properly parked in the
space.
G'Luck....RTJas :D

dmontzsta
12-21-2005, 12:44 PM
What else is lame is I just walked outside and every single handicapped spot in the unit, is used. And none of them have tickets on their windshields or a handicapped placard.

Benjhamina
12-21-2005, 12:45 PM
The problem is it is right in front of my business door. We took the sign down a long time ago, it is only painted on the ground. It is not going to be a handicapped spot, we just havent taken the paint off the spot.
Do I have a chance of winning this?
I have the same thing in front of my office and have gotten a ticket. In Monrovia, a Handicap spot not on government property has to have both the sign posted and the painted space. I got it written off by going down to the station and asking them to look up the statute. it may be different where you are.

dmontzsta
12-21-2005, 12:56 PM
Thanks for all the replies.
Kilrtoy: I do not have a camera here, I can take a pic tomorrow. I will have to bring my camera in.
Here is the letter I wrote, it says to contest it by mail within 21 days.
ATTN: Parking Administration - Corona
I received this parking violation in front of my office door. The spot is not a handicapped spot any longer. There is no sign posted; only the faint paint left on the ground. It was taken out due to a shortage of parking spots. This is a private business and all of the tenants use this spot. I looked up the statute and it stated “A Handicap spot not on government property has to have both the sign posted and the painted space”. In addition, I am puzzled as to why only my car was ticketed; in the stall with no sign. While others parked in stalls with signs were not ticketed. I can provide photographs of the site, if needed. Please let me know if you have any other questions.
Thank You,

HocusPocus
12-21-2005, 01:24 PM
In addition, I am puzzled as to why only my car was ticketed; in the stall with no sign. While others parked in stalls with signs were not ticketed.
i think i would leave this part out.. kinda sounds like when when of my kids says, "everyone else was doing it". ;)

MAINEVENT
12-21-2005, 01:30 PM
Will do. What is your email address?
HOMONATIONKING@lausp.com :220v:

meaniam
12-21-2005, 01:30 PM
i bet that letter falls on deaf ears

dmontzsta
12-21-2005, 01:33 PM
i bet that letter falls on deaf ears
I hope not.
If so I will let them issue a warranty for my arrest and not be taken alive.
:) lol
I truely feel this is wrong. I never violate the law, I would not park there if I felt it was against the law. This is my business and we never have handicapped people visit, if so, I would be sure to clear a front row spot.

Lavey29
12-21-2005, 01:35 PM
You are right, there must be a sign and paint on the ground for the parking spot to be a legal handicap zone,,,maybe you can get the officer to make a return trip out and research this area and if it goes in your favor, you can probably get him to void the ticket through his station...This info pertains to ordinances in LA county,,,not sure about other areas...

Squirtin Thunder
12-21-2005, 01:39 PM
I hope not.
If so I will let them issue a warranty for my arrest and not be taken alive.
:) lol
I truely feel this is wrong. I never violate the law, I would not park there if I felt it was against the law. This is my business and we never have handicapped people visit, if so, I would be sure to clear a front row spot.
Now Don is that a lifetime warranty or just a 90 day deal ???
Don you have to have handicapped parking its the Law. But some one like Vic would not conplain, now there are many that would even try and sue you for some unreal thing that was incured by you not having front row handicapped parking.

SummitKarl
12-21-2005, 02:00 PM
The problem is it is right in front of my business door. We took the sign down a long time ago, it is only painted on the ground. It is not going to be a handicapped spot, we just havent taken the paint off the spot.
Do I have a chance of winning this?
did you ok this change with your public works dept first and provide the same amount of handicap parking in it's place? normally you have to go through your city to make this change, it's not something you can do on your own
otherwise the officer was just doing his duty, and I am sure he can get the proof he needs that it IS a handicap spot, unless a change was already submitted to the city in the form of a Tenant improvement.

my21advantage
12-21-2005, 02:06 PM
The problem is it is right in front of my business door. We took the sign down a long time ago, it is only painted on the ground. It is not going to be a handicapped spot, we just havent taken the paint off the spot.
Do I have a chance of winning this?
I would fight it....it's not a moving violation so there no chance of it going on your record, it's just like getting a $20 parking ticket. But, I'm guessing that this one is in the neighborhood of $330..... :idea:

dmontzsta
12-21-2005, 05:00 PM
did you ok this change with your public works dept first and provide the same amount of handicap parking in it's place? normally you have to go through your city to make this change, it's not something you can do on your own
otherwise the officer was just doing his duty, and I am sure he can get the proof he needs that it IS a handicap spot, unless a change was already submitted to the city in the form of a Tenant improvement.
I dont own the actual building. The owner of the building told us since there is a lack of parking, he was having the paint sandblasted off the ground and he already pulled the sign out.

HM
12-21-2005, 05:09 PM
You can beat it. The spot needs to be marked in 3 ways: On the ground, on the curb, and a sign. The law requires the handicapped spot to be marked this way. If one is missing, then the spot is not correctly marked. My brother has the same issue at his company in Tustin. They have beat every ticket - and they have gotten quite a few.

dmontzsta
12-21-2005, 05:17 PM
You can beat it. The spot needs to be marked in 3 ways: On the ground, on the curb, and a sign. The law requires the handicapped spot to be marked this way. If one is missing, then the spot is not correctly marked. My brother has the same issue at his company in Tustin. They have beat every ticket - and they have gotten quite a few.
Nice! Makes me feel even better.

BadKachina
12-21-2005, 05:39 PM
It sounds pretty cut and dry that you have to have two markings for the ticket to be valid. I've heard the same thing in Az.. As far as changing the actual parking place to a regular spot I think that may be a code violation. You bringing it to their attention may not be the best thing for you, it may be better to play the role that since both pieces were not visible you knew you could park in that space legally. I would not admit to actually taking the sign down, that may be another violation in it's self. I'm sure when the building was built it was in the building code to have so many handicapped spaces per regular spaces, and you making changes to that code could be a whole new fine and violation.

Havasu Cig
12-21-2005, 05:44 PM
Like others have mentioned it needs to be marked with both a sign and the markings on the ground to be legal in Ca. Kind of like a fire lane needs to be not only marked with red paint but it must also say "No Parking Firelane" on it.

Rexone
12-21-2005, 05:53 PM
If the property owner removed the handicapped spot on his own without getting it approved my guess is you are screwed. You can't just change the plot plan of a property with regards to ADA issues (handicapped parking and a jillion other things) without planning dept. approval and be legal. So if that's the case (parking in an illegally removed handicapped space) my guess is you'll have trouble beating it.

chub
12-21-2005, 06:23 PM
The problem is it is right in front of my business door. We took the sign down a long time ago, it is only painted on the ground. It is not going to be a handicapped spot, we just havent taken the paint off the spot.
Do I have a chance of winning this?
Pay up sucka, I need that space. :rolleyes: Merry Christmas!

v-drive
12-21-2005, 06:38 PM
If the property owner removed the handicapped spot on his own without getting it approved my guess is you are screwed. You can't just change the plot plan of a property with regards to ADA issues (handicapped parking and a jillion other things) without planning dept. approval and be legal. So if that's the case (parking in an illegally removed handicapped space) my guess is you'll have trouble beating it.
Sorry Don,My wife is vp at a property management company and she just confirmed what Mike is saying. Also, The last time she knew of it happening the fine was over $250 :cry: v-drive

hoolign
12-21-2005, 06:44 PM
The problem is it is right in front of my business door. We took the sign down a long time ago, it is only painted on the ground. It is not going to be a handicapped spot, we just havent taken the paint off the spot.
Do I have a chance of winning this?
plead insanity!

dmontzsta
12-21-2005, 06:50 PM
If the property owner took it down, it is on him right? I just parked there. :)
This is my new letter, thanks to Kilrtoy.
Dear Sir or Madam:
ATTN: Parking Administration - Corona
I received this parking violation in front of my office door. The spot is not a handicapped spot. There is no sign posted; only the faint paint left on the ground. This is a private business and all of the tenants use this spot. I looked up the statute and it stated “A Handicap spot not on government property has to have both the sign posted and the painted space”. In addition, I am puzzled as to why my car was ticketed; in the stall with no sign. The vehicle was cited for 10.28.050 in error. As per section 25118(A), (1), (2) and (3) none of the requirements were met to withhold the burden of proof. Request that the citation be dismissed in the interest of justice, per 40215(a). I can provide photographs of the site, if needed. Please let me know if you have any other questions.
Sincerely,

BadKachina
12-21-2005, 06:55 PM
If the property owner took it down, it is on him right? I just parked there. :)
This is my new letter, thanks to Kilrtoy.
Dear Sir or Madam:
ATTN: Parking Administration - Corona
I received this parking violation in front of my office door. The spot is not a handicapped spot. There is no sign posted; only the faint paint left on the ground. This is a private business and all of the tenants use this spot. I looked up the statute and it stated “A Handicap spot not on government property has to have both the sign posted and the painted space”. In addition, I am puzzled as to why my car was ticketed; in the stall with no sign. The vehicle was cited for 10.28.050 in error. As per section 25118(A), (1), (2) and (3) none of the requirements were met to withhold the burden of proof. Request that the citation be dismissed in the interest of justice, per 40215(a). I can provide photographs of the site, if needed. Please let me know if you have any other questions.
Sincerely,
Much better.

Rexone
12-21-2005, 06:56 PM
If the property owner took it down, it is on him right? I just parked there. :),
Probably only if you can convince him to pay your fine for you. :rollside:
He will probably have his own ADA issue to deal with once the city discovers an unapproved change which undoubtedly your letter may trigger.

Schiada76
12-21-2005, 06:58 PM
I dont own the actual building. The owner of the building told us since there is a lack of parking, he was having the paint sandblasted off the ground and he already pulled the sign out.
You can get off (the ticket that is) but the building owner can't remove any of the signage according to the fawking ADA. The dumbest fcking law to come out of congress ever.
He could easily be sued by any asshat in a wheelchair too.
There's a guy here in the SFV that makes his living doing just that. He dove into shallow water, broke his neck and is a parapalegic. Now he goes around looking for people to extort money from and has put a lot of people out of business or gotten paid off. :yuk: He needs to be rolled into traffic.

SummitKarl
12-21-2005, 07:12 PM
I dont own the actual building. The owner of the building told us since there is a lack of parking, he was having the paint sandblasted off the ground and he already pulled the sign out.
oh this could get sticky....
my first thought is that the building had no more Handicap spots then the min. required. he can change his count of spots by changing the occupancy level of the units. via a tenant improvement plan.
in the end the owner would have been responsible for the sign, and you want to bet, the ticket that cop wrote wasn't the only one, I bet the owner is going to get a notice from your city, ask the owner if he put in a Tenant Improvement plan. if he hasn't, I think he might have some liability in the issue, but it's going to be pretty hard to deny if you knew it actually was a handicap spot (unless it's your first day). or worse if your paying the rent and try to hit him (land lord) up for the cost of ticket.
unless someone has a sure fire cure all I see is a no win situation

Jeanyus
12-21-2005, 07:17 PM
1.Get a note from a Docter for a temporary handicap permit, case closed. :)
2. Print some of your posts from HB bring them to DMV as proof that you are handicapped. :)
3. get a shrink to say you are insane. :rollside:

Moneypitt
12-21-2005, 07:20 PM
If you really want to beat it, make NO mention to your association to the property AT ALL.......You just parked there, there was no sign as required, end of ticket..............All this "he did, I didn't, He did" stuff will just piss off the judge. Play dumb, just a victim of some one else's (Property manager) misguided efforts.......MP

Rexone
12-21-2005, 07:37 PM
2. Print some of your posts from HB bring them to DMV as proof that you are handicapped. :)
Now I know why they call you Jeanyus :D
D, have Kim go with you as a witness. :rollside:

rrrr
12-21-2005, 07:53 PM
Print some of your posts from HB bring them to DMV as proof that you are handicapped. :)
I would also recommend that you provide a picture of the back of your head with your ears removed by photoshop. That way the judge will see you are just another knob..... :D :D :crossx: :crossx:

Blown 472
12-21-2005, 09:28 PM
Maybe you could plead your case on driving a faggotity maxima??

CornWater
12-21-2005, 09:32 PM
Maybe you could plead your case on driving a faggotity maxima??
Nice.. anybody know how to get half chewed popcorn off the monitor???

Mrs.Racer277
12-21-2005, 09:34 PM
Nice.. anybody know how to get half chewed popcorn off the monitor???
LMAO! I hate it when that happens. My keyboard is full of diet coke. :rolleyes: :)

Brooski
12-21-2005, 09:46 PM
Don,
SummitKarl and Rexone are pretty well right on when it comes to the code requirements for required handicap spaces, which the property owner is responsible for. But, that is a different issue completely than the issue of you receiving the parking ticket. The parking ticket is yours. The requirements are specific, and if there is no sign, it is not properly marked. Do not send your letter contesting the ticket without photos. They will not ask for them later. You need to provide them when you send in the letter. In my city, even though you send the letter contesting the cite to a different city for processing, the review is done by our department. Photos speak a thousand words, so they say. Also, do not say anything about the other vehicles not being cited. The only issue is your vehicle. You may want to park your vehicle back in the space when you shoot the picture, so it shows exactly how it was when it was cited.
Good luck. Roger

RidinRed
12-21-2005, 09:55 PM
Of coarse the other option is just to walk a couple of extra steps and leave the HCP spot for clients and/or tennants that may need it for real. As some folks who are disabled measure the day by the number of minutes they can save.
Sorry to vent here, i don't even know most of you but these things really piss me off. Like when I see some lazy focker using the HCP stall because they want to set their briefcase down. Meanwhile some less fortunate is pissing himself cuz he can't get into a regular stall.
otherwise good luck at court

PBOCOP
12-21-2005, 10:23 PM
I supervise the traffic unit in Pomona. I handle all of the parking citation reviews. It's a civil matter. If you don't pay it, you won't be able to register your car next year. Simple.
If I reviewed your ticket, I would dismiss it.
Call them to make sure you get ahold of the traffic division or whoever handles the parking tickets at that department. Don't just send or fax that letter. You will need to fill out a review form and you can attach that letter to it. You just want to make sure you handle it with the right process. Sending that letter won't do it, it will get lost or end up in the wrong hands, or the trashcan file.
If you do what they say, it will probably be dismissed and it will be over.
Let me know if you have any other questions.
Patrick O'Malley
PBOCOP@aol.com
Pomona

rrrr
12-21-2005, 11:48 PM
Of coarse the other option is just to walk a couple of extra steps and leave the HCP spot for clients and/or tennants that may need it for real. As some folks who are disabled measure the day by the number of minutes they can save.
Sorry to vent here, i don't even know most of you but these things really piss me off. Like when I see some lazy focker using the HCP stall because they want to set their briefcase down. Meanwhile some less fortunate is pissing himself cuz he can't get into a regular stall.
otherwise good luck at court
LOL, short translation = you lazy fock, pay the ticket and repent....... :crossx: :crossx:

dmontzsta
12-22-2005, 12:02 AM
Of coarse the other option is just to walk a couple of extra steps and leave the HCP spot for clients and/or tennants that may need it for real. As some folks who are disabled measure the day by the number of minutes they can save.
Sorry to vent here, i don't even know most of you but these things really piss me off. Like when I see some lazy focker using the HCP stall because they want to set their briefcase down. Meanwhile some less fortunate is pissing himself cuz he can't get into a regular stall.
otherwise good luck at court
I am with you on this totally. I have NEVER even thought of parking in a handicapped spot.
This case is totally different. It is not a store front, this is a small industrial area and there are no walk in customers. The units are filled with contractors, who are never there. They get there early in the morning and leave in a work truck, leaving their cars in the lot. We are the only ones there in the day. This spot is directly in front of our front door, it is one of the main spots for us. It is either that spot to the first one there, or park along the warehouse door in the back. Mainly cause all the contractors have small trailers taking up all the spots in the back.

LBZROCKS
12-22-2005, 12:54 AM
its not properly posted.. take pics..and fight it

meaniam
12-22-2005, 05:45 AM
this is why i say it will fall on death ears. i parked my elco in front of my house in ontario. one day i come home elco gone bye bye. so i called the police reported it stolen. the next day they called me and said it was impounded by the ontario police dept. for being parked in a fire lane. with the most confussed look on my face i said huh? now heres the shit. we lived in a cult a sac there is a fire lane access driveway conecting to the street above. on the other side. where there is a red curb and firelane sign. remember thats across the street. i said shit i want to take this to court. the lady replied no judge will ever see it this is all handled by a supervisor. so i said i wanted to bring this up with a supervisor. to make a long story shorter the sup spoke with officer that wrote ticket. and pretty much said i was in the wrong pay the ticket and leave. i love the ontario politics. i wouldnt be suprised if they say the same to you

Brooski
12-22-2005, 09:01 AM
Well, government has never been known to be efficient. Here in the wonderful city I work in, (in So Cal, just choosing to keep it anonymous) all parking cites must be paid to a company called the Phoenix Group in Santa Ana. No payments are allowed to be made here in the city. Everything must be mailed to Santa Ana, even the appeals. What does the Phoenix Group do when they receive an appeal? They mail it back to the traffic division here for review. Then once the decision is made, it is mailed back to Santa Ana, for the company to mail the decision to the person who received the cite. So the person contesting the cite believes it is being reviewed by an independent body, which is not the case, it is reviewed by the same agency that issued it.
As for the required handicap spots, it doesnt matter if it is industrial, private, or open to the public, handicap spots are still required, and they must be nearest to the entrance.

dmontzsta
12-22-2005, 11:48 AM
Here are the pics I am sending along with the letter, as soon as I finalize it.
http://www.dmontzsta.com/MiscStuff/MiscPics/DSC00025.png http://www.dmontzsta.com/MiscStuff/MiscPics/DSC00026.png http://www.dmontzsta.com/MiscStuff/MiscPics/DSC00027.png

HM
12-22-2005, 11:59 AM
this is why i say it will fall on death ears. i parked my elco in front of my house in ontario. one day i come home elco gone bye bye. so i called the police reported it stolen. the next day they called me and said it was impounded by the ontario police dept. for being parked in a fire lane. with the most confussed look on my face i said huh? now heres the shit. we lived in a cult a sac there is a fire lane access driveway conecting to the street above. on the other side. where there is a red curb and firelane sign. remember thats across the street. i said shit i want to take this to court. the lady replied no judge will ever see it this is all handled by a supervisor. so i said i wanted to bring this up with a supervisor. to make a long story shorter the sup spoke with officer that wrote ticket. and pretty much said i was in the wrong pay the ticket and leave. i love the ontario politics. i wouldnt be suprised if they say the same to you
You got rolled and they LIED to you, and you bought it. When ever someone pulls shit like that, I have my Lawyer contact them...things get settled pretty quickly. But, you have to ask your self how much is it worth. Crap like that, I have no problem spending a few hundred with my lawyer to biotch slap some stupid bureaucrats around. I had a similar situation with a ticket I got parked in front of Dick Vales. Code Enforement wrote the ticket and told me I had no recourse...bullshit! Now I spent $250 to beat a $175 ticket, but it was worth it to me when the ticket got tossed. Bottom line, you get to have your day in court regardless of any "policy".

dmontzsta
12-22-2005, 07:54 PM
So what do you think of the pics? :)

Rexone
12-22-2005, 08:15 PM
So what do you think of the pics? :)
Personally I'd plant a few additional gazanias and clean the leaves up a bit.
And maybe take the pic on an angle so your dumass isn't in the window :D

dmontzsta
12-22-2005, 08:26 PM
Personally I'd plant a few additional gazanias and clean the leaves up a bit.
And maybe take the pic on an angle so your dumass isn't in the window :D
So when are you coming over? we can knock it out this weekend Mike.
:rollside: