Appealing a Parking Ticket

[glen-highland.livejournal.com]

My appeal of a bogus parking ticket was denied. 311 just told me that there is no other way to appeal it further and that it would need to go to the court system. Is this really true? (I have previously read posts on this forum where people suggest "you should appeal it again", etc..)
Thanks, Glen

Comments

[ron_newman]

Can you tell us what was bogus?

[glen-highland.livejournal.com]

I got a meter violation ticket, however I was not parked at a meter. There was a meter 1 car's length away that was presumably the meter in question. I took detailed photos. As if to rub it in, while I was taking photos, a car pulled up to the meter (with plenty of room to spare) and popped a few quarters in. I am still in shock that they rejected my appeal. I will probably just pay the $20... but waahhhhhhhhhh, I want justice :-)

[inahandbasket]

They seem to reject all appeals on principle.

[hakamadare.livejournal.com]

hm, another poster in this very community (http://community.livejournal.com/davis_square/1309486.html) seems to have found otherwise.

to the OP: call the alderman (http://www.somervillema.gov/Department.cfm?orgunit=ALDERMEN) from your ward, explain the situation, and ask whether anything can be done.

-steve

[srakkt.livejournal.com]

In fact, that poster's own appeal was immediately and roundly rejected - it was his post here in the DSLJ that roused the attention and suspicion on Tom Champion who got the alderman (alderperson?) involved.

[starry83.livejournal.com]

I've never tried the written process, but I've contested tickets in person twice and they've both been forgiven.

[srakkt.livejournal.com]

At least the ones we've heard of thus far. My worry is, at this point, that this sample (though tiny) does accurately represent the population, and that appeals are being rejected out-of-hand and without regard for the laws that the parking tickets are supposed to be enforcing.

This isn't even something we can solve with 'throwing the bums out' because these aren't elected officials, they're bureaucrats. If a single appeal (which is automatically rejected) is the only recourse for a $20 (or $50) before having to go to the courts, in Lowell, with a court cost of $240, how is this just?

[tomchampion.livejournal.com]

Don't pay just yet. Let me look into this.

(Usual disclaimer: I can't fix tickets. Indeed, I just paid one myself when I was 24 hours overdue on an expired resident parking sticker. I mean, it was SUNDAY, fer cryin' out loud! But it was legit -- or, as they say in the UK, "It's a fair cop.")

[glen-highland.livejournal.com]

Ok, thanks!

[apricot3.livejournal.com]

But on Sundays the residency shouldn't even apply!!

I was wondering if a No Parking sign could be put up on Somerville Ave near Porter where there's currently some construction going on- there is a corner where two cars can fit near Beacon St. I received a 20ft and later a Bus Stop violation here but I see people parking here all the time with no tickets; I had been parking here for several months with no problem, sometimes even overnight.

I had an appeal session last week and I found the guy to be extremely rude- he did not even look at the pictures i brought and kept talking over me in a very demeaning manner, he wasn't listening to me whatsoever. he made it seem as if i was extracting a great deal of effort for him to at the very least take off the late penalty fees when I complained that I had sent in a written contestation which I never received a response from- why make us bother to write out a complaint if nobody is reviewing them? At least in Cambridge you can fill out a form online and they send you a denial letter (two tickets in less than an hour at an expired meter, argh).

I had to ask him three times to clarify for me how far away you had to be from a Bus Stop (I guesstimate I was about 20ft) and he finally replied from the sign to the next intersection unless there are signs stating otherwise. He spat at me that this is "common sense," but I would still appreciate a sign at this location as it's obviously not clear to all of us :(

[violet-helix.livejournal.com]

Last winter, I contested a ticket in writing and I did get the fee waived.

However, they made a point of saying that the ticket had not been issued in error. They were just being really swell and dismissing the fine.

I don't know if this is standard procedure, but I remember thinking it was kinda weird.

[ilai]

I don't remember the details, but one of my roommates went through the exact same thing. She felt both relieved and insulted that the fine was dismissed in that manner.

[closetalker11.livejournal.com]

This kind of thing makes you wonder if the employees have their pay docked for overturns, doesn't it? Otherwise, how ridiculous!

[qwrrty.livejournal.com]

I expect this is standard procedure in most places.

About a year ago I got a parking ticket in Arlington for overstaying a 2-hour parking space on Mass Ave, on a block where there are no posted parking restrictions. I took photos and submitted them with my appeal.

My appeal was rejected twice: once on the grounds that I had an outstanding parking ticket from the previous autumn, and once because "there is no overnight street parking in Arlington." This was for a ticket that was issued at about 2:30 in the afternoon.

I eventually got the citation dismissed but I had to speak directly to the Arlington parking clerk to get it done, and he made it clear that he considered this to be a favor he was doing me because my appeal was improperly rejected, not that he considered anything wrong with the original citation.

Anyway, it's anecdotal experience (and yes, I know I'm talking about Arlington and not Somerville) but it suggests to me that it is common for a town not to acknowledge any kind of error in issuing the original citation even when the case is open-and-shut.

[pearlythebunny.livejournal.com]

I don't quite understand what happened. If there was metered parking where you parked, but you weren't parked at a meter, were you trying to make two spaces into three?

[grapefruiteater.livejournal.com]

I know that Somerville is strict about parking AT a meter—your car has to line up with the meter you're using. It could be that you got a meter violation for not being properly lined up with a meter if you were that close to one. It's hard to say without seeing the spaces in question.

[glen-highland.livejournal.com]

The spot was on Broadway between Citizens bank and the Winter Hill post office branch. My spot actually had a meter "stump" where there must have been a meter at some point. I certainly could have voluntarily pulled up to the actual meter and paid it, but I opted to park where there was no meter and leaving plenty of room for another car to line up with the meter.

I really appreciate all of the comments. The whole thing sounds like a real poo-storm into which I may not want to get involved. I may just have to cool off for a few days and write the check.

[violet-helix.livejournal.com]

I would think this would be considered a REALLY broken meter. What is Somerville's policy on parking at a non-functional meter? I know in Boston there is a one hour limit at broken meters.

[glen-highland.livejournal.com]

Yeah, to clarify, it wasn't a headless meter pole or anything, just the clear outline of where there had once been a pole in the cement, cut flush with the sidewalk.

[qwrrty.livejournal.com]

I agree with the other commenters on this point: I would try to find out whether the city has a policy of parking at a broken meter and what that policy is. You may still not be at fault.

[pearlythebunny.livejournal.com]

I don't know what the rules are about parking at meter stumps, but maybe you can call 311 to find out what the deal is with the specific meter stump where you were parked. Did you take a photo of the meter stump, too?

[tt02144.livejournal.com]

Somerville used to be very good about overturning parking fines on appeal. However, there has been a very distinct change recently. I would assume that it is an administrative (read 'mayoral') decision, probably meant to boost parking ticket office revenues. While the mayor is bragging about all that he's done, you forget that everything has to be paid for somehow. I also wonder if a portion of the court filing fee goes to the city or town in question. I suspect it does. Ver-r-r-y interesting........