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  1. #1

    Default Parking Ticket Issued on Private Property

    My question involves a traffic citation from the state of: CA

    My citation number was P010740 and the violation was 4000(A)(1) Unregistered Vehicle This occurred within the City of Menifee.

    I had paid my registration and had current and uninterrupted insurance coverage on my vehicle. However, the insurance company and the DMV were not communicating electronically and the DMV was showing I had no insurance coverage, I called in 2 requests to my insurance company to send the info to the DMV, but it never happened, eventually the DMV asked me to manually snail mail them the proof of insurance, which I did and eventually they sent me my renewal tags. In that period that all of this was happening, the tags that were on the vehicle expired. I realized this and was carrying the proof of payment odf the registration and proof of insurance in the vehicle in the event I was stopped so I could show them why the new tags had not arrived yet.

    During this period, I visited the local shopping center to run an errand. I was parked in their parking lot on private property. While I was in the store a police officer cited me for expired tags and left the ticket on my windshield, so I was not afforded the opportunity to explain the situation to the officer.

    Once the $80 ticket arrived in the mail, I filed an appeal and sent them the copies of proof of insurance, DMV payment of registration and pictures of the vehicle with the now current tags. I explained what had happened. Unfortunately the city of Menifee contracts with a company called Citation Processing Center, who's address is a PO Box in Newport Beach. They do not handle tickets, or appeals with the city, it all must go through this company in Newport Beach, which is about 2 hours away in another county. They sent me back a notice that I had not provided enough info and I needed to have a sworn police officer sign off my new tags and pay a $10 fee like a fix-it ticket. I was a bit upset to have to pay $10 and hassle with getting it signed off, but I did it. First I went to Lowes where the Menifee Police Department was having a community outreach event and asked if one of the 6-8 officers there could please sign off, but they said none of them were sworn officers (even though they had badges and were in police vehicles), so then I went to the Menifee Police Department station, to be told no sworn officers were there at that time and I would need to go to either Perris or Lake Elsinore (both 20 minutes away) to get it signed off.

    So I went to Lake Elsinore Police Department, and waited half an hour for an officer to come and sign it off. I sent it in along with my $10.00 check, which was promptly cashed and heard nothing more back for quite a while. I had mailed the check on the 22nd of the month and it was due on the 24th. Recently I received in the mail a Notice of Delinquent Parking Citation(s), showing a balance due to them of $90!! I called the 800 number and the woman explained that the check and paperwork were received on the 25th, and since it was due on the 24th, it was late and that was why I now had to pay the $90 late fee. She confirmed that the postmark on my envelope was dated the 22nd. And also admitted that the due date was a Sunday, a day with no postal delivery to their PO Box, and it was received the following business day (Monday), but was still considered late. I said, that it was mailed before the due date and received the next business day following the Sunday due date and they should please waive the $90 fee, especially since I didn't do anything wrong to begin with as my insurance and registration were both paid when I was cited and I had provided proof of that. But she said she had no authority to waive the charge and I asked to speak with someone else, they gave me the supervisor's voice mail and I left a message with her, she called me back and left me a voice mail that there was nothing she could do. I called her back and left her a voice mail requesting a hearing with a judge, but she has yet to return my call.

    -First can they legally cite you for a violation on private property? I know when my daughter had a fender bender there the police refused to write a report because it's private property and they have no jurisdiction.

    -Second can they cite me the $10 fix it ticket fee when I provided proof that the car was insured and registration paid?

    - Third, can they fine me $90 for late fees when the due date was a Sunday and payment arrived on Monday and the postmark was two days previous? I could have walked it into the City of Menifee offices in person, but they don't accept payment locally. Instead you may only pay through the processing center in Newport Beach. I could not pay online as I had to provide the officer's signature signing off the tags.

    I am frustrated beyond belief. What can I do?

    Thanks and take care.

  2. #2
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    Default Re: Parking Ticket Issued on Private Property

    Quote Quoting truckmountgirl
    View Post
    My question involves a traffic citation from the state of: CA

    My citation number was P010740 and the violation was 4000(A)(1) Unregistered Vehicle This occurred within the City of Menifee.

    -First can they legally cite you for a violation on private property? I know when my daughter had a fender bender there the police refused to write a report because it's private property and they have no jurisdiction.
    Yes. The parking lot to a commercial shopping center is an offstreet parking facility, and by definition VC 4000(a) applies there.

    And the reason that the police don't write a non-injury collision report on private property is (a) the law does not require them to, and, (b) they cannot generally legally determine fault in the collision.

    -Second can they cite me the $10 fix it ticket fee when I provided proof that the car was insured and registration paid?
    Yes.

    - Third, can they fine me $90 for late fees when the due date was a Sunday and payment arrived on Monday and the postmark was two days previous? I could have walked it into the City of Menifee offices in person, but they don't accept payment locally. Instead you may only pay through the processing center in Newport Beach. I could not pay online as I had to provide the officer's signature signing off the tags.
    It appears they are trying. About all you can do is contest this through whatever procedures are in place. Ultimately, you may have the option to appeal the matter to the Superior Court if the travel time and loss of work days is worth it to you.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
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    Default Re: Parking Ticket Issued on Private Property

    So, when you got the ticket you actually didn't have current tags?

  4. #4
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    Default Re: Parking Ticket Issued on Private Property

    Quote Quoting jk
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    So, when you got the ticket you actually didn't have current tags?
    Unfortunately, failure to display evidence of registration is a different violation. If cited for VC 4000(a) that requires the vehicle actually NOT be registered.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5

    Default Re: Parking Ticket Issued on Private Property

    The tags on the vehiclke were expired although the insurance was in force and had/has never lapsed and the DMV registration fees were paid online before the expiration date. The glitch was the communication between insurance company and DMV. It took 2 months for them to sort it out and finally issue my current tags.

    It was not my fault or negligence that the DMV's and Progressive's computers could not manage to communicate. I had done my part to register my vehicle and insure it in good faith.

    I would take it to Superior Court, not that I can afford to miss work, but for the principle of the matter.

  6. #6
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    Default Re: Parking Ticket Issued on Private Property

    Okay, well, you may not prevail. If I'm reading this right you had deposited your fees, but the registration was NOT current because of some glitch with your insurance company. A deposit of fees does NOT equal valid registration! If that's the case, then the parking citation is perfectly valid - including any late fees, because your registration was not valid at the time of the citation. In fact, there is no legal requirement that the agency make the parking citation a correctable one. They allowed you to correct it and pay the $10 admin fee as if this were a "moving" cite which is not something they had to do.

    If this is the fault of your insurer, you may have to see if THEY will reimburse you, but if you are able to appeal the matter to the Superior Court you may owe additional fees to the court if they rule against you.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7

    Default Re: Parking Ticket Issued on Private Property

    How about this part of the CA VC:

    5204. (a) Except as provided by subdivisions (b) and (c), a tab
    shall indicate the year of expiration and a tab shall indicate the
    month of expiration. Current month and year tabs shall be attached to
    the rear license plate assigned to the vehicle for the last
    preceding registration year in which license plates were issued, and,
    when so attached, the license plate with the tabs shall, for the
    purposes of this code, be deemed to be the license plate, except that
    truck tractors, and commercial motor vehicles having a declared
    gross vehicle weight of 10,001 pounds or more, shall display the
    current month and year tabs upon the front license plate assigned to
    the truck tractor or commercial motor vehicle. Vehicles that fail to
    display current month and year tabs or display expired tabs are in
    violation of this section.
    (b) The requirement of subdivision (a) that the tabs indicate the
    year and the month of expiration does not apply to fleet vehicles
    subject to Article 9.5 (commencing with Section 5300) or vehicles
    defined in Section 468.
    (c) Subdivision (a) does not apply when proper application for
    registration has been made pursuant to Section 4602 and the new
    indicia of current registration have not been received from the
    department.

    (d) This section is enforceable against any motor vehicle that is
    driven, moved, or left standing upon a highway, or in an offstreet
    public parking facility, in the same manner as provided in
    subdivision (a) of Section 4000.

  8. #8
    Join Date
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    Default Re: Parking Ticket Issued on Private Property

    But, you were not cited for 5204. Besides, from what you're saying there was no "current registration" as the insurance had not been verified either by documents supplied by you or by your insurer, so the registration was not valid, anyway.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Parking Ticket Issued on Private Property

    Especially since you were aware you did not have a current registration it was your obligation to refrain from driving the vehicle. You really do not have an arguable excuse here. While the situation surely sounds like a pain in the butt, that doesn't change the fact you knowingly were driving a vehicle without a current registration.

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