Parking Infraction on Campus
My question involves a traffic citation from the state of: Washington
My friend recently (one week ago) received a parking ticket while parked on campus in my car. I was not the driver or with him at the time of citation. It's not a big deal, $15 ticket. I went to the campus police, explained the situation, and politely asked if they would drop the citation if I purchased a 'Calendar Parking Permit' ($206). They were very rude and refused to take my offer stating "You're going to have to try to appeal it if you don't want to pay it." That aggravated me enough to do some research and appeal it. Here is what I have so far:
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This citation (# 13J0311) was placed on my mother's vehicle and the citation is now in my possession. I was not the driver of the vehicle at the time, nor was she and I decline to indicate if I know who was driving the vehicle.
'WAC 106-116-011' states "Drivers on the property of Central Washington University are responsible for their vehicle's safe and lawful operation. A CWU parking permit or daily permit is required in designated parking lots. Individuals operating or parking vehicles on university-owned property must do so in compliance with these regulations, and ordinances and laws of the city of Ellensburg, county of Kittitas, and state of Washington" As I, nor my mother, was the driver of the vehicle, this law does not apply to me, nor does 'WAC 106-116-201'. You have not presented prima facie evidence for all of the essential facts in the case, primarily, the driver of the vehicle. This is grounds for dismissal.
So here are my questions:
How does this look?
Should I send this in on their online appeal form or create a formal letter?
How do I correctly site the WAC code? I looked everywhere.
Am I correct in assuming I can use the 'Preamble' as evidence for my case?
What can I do if they deny my appeal and one of you experts thinks I have proper ground for dismal?
Also, should I add in that 'WAC 106-116-102 section 2' is not applicable because while it is my car, it is in my mothers name?
Here is a link to the WAC code page: http://apps.leg.wa.gov/wac/default.a...ue#106-116-102
I am charged with: WAC 16-116-201 'Permitted parking areas'
I also sited: WAC 106-116-011 'Preamble
Thanks so much for any help in advance! This is making me want to change my major to law :p
Re: Parking Infraction on Campus - Wa
Very eloquent. I did not bother to investigate the accuracy of any of your research, because I believe it is entirely irrelevant. You need to review your contract with the school, which likely obligates you to be responsible for parking infractions to certain related vehicles.
Re: Parking Infraction on Campus - Wa
If it's only a $15 violation, why not have your friend pay the fine?
If you go to court, and are found guilty, the court is going to tack on court fees.
They don't care who parked the vehicle, the registered owner is 100% responsible for the fine. If the vehicle is in your mothers name, she is responsible for the fine.
You ether have your friend pay the fine, or let your mother pay it. You have nothing to do with the ticket and it isn't a speeding ticket where you can say "it wasn't me or my mother and we refuse to identify the driver.
Re: Parking Infraction on Campus - Wa
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Quoting
Who'sThatGuy
If it's only a $15 violation, why not have your friend pay the fine?
I did not like the "cops" attitude. He aggravated me and I have too much free time on my hands :p
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If you go to court, and are found guilty, the court is going to tack on court fees. Good Luck.
Ah, I should have added this; It is only an appeal option. There is no court involved. Even if I lose, the fee will still be $15. Thanks for the response, though. How does it look to you?
Re: Parking Infraction on Campus - Wa
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Quoting
JRaymond
I did not like the "cops" attitude. He aggravated me and I have too much free time on my hands :p
Ah, I should have added this; It is only an appeal option. There is no court involved. Even if I lose, the fee will still be $15. Thanks for the response, though. How does it look to you?
it looks like you will be paying the $15 fine, it's not going to work.
Re: Parking Infraction on Campus - Wa
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Quoting
Who'sThatGuy
it looks like you will be paying the $15 fine, it's not going to work.
Do you mind elaborating? I, of course, am not a legal expert, but it all looks pretty sound to me. I figured it would just need some "prettying up".
Re: Parking Infraction on Campus - Wa
They don't need to prove who operated or parked the vehicle. All they need is the sworn statement from the officer who wrote the ticket that the vehicle was parked illegally. Then the registered owner is responsible for the fine.
Re: Parking Infraction on Campus - Wa
Quote:
Quoting
Who'sThatGuy
They don't need to prove who operated or parked the vehicle. All they need is the sworn statement from the officer who wrote the ticket that the vehicle was parked illegally. Then the registered owner is responsible for the fine.
Thank you for your insight. I'll see what other people think. It can't hurt to try :)
Re: Parking Infraction on Campus - Wa
If there are no additional penalty's for losing the case, then the only thing you stand to lose is time.
Come back and let us know the outcome.