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  1. #1
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    Default What Happens if You Don't Pay a Parking Ticket on a Rental Car

    My question involves a parking ticket from the state of CA.

    What would be the potential consequences to an out-of-state resident of failing to pay a parking ticket on a car rented in CA?

    (If other details are relevant, such as the specific type of ticket, I'd be glad to provide them.)

  2. #2
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    Default Re: What if Out-Of-State Resident Doesn't Pay Parking Ticket on California Rental Car

    Quote Quoting expertuser
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    My question involves a parking ticket from the state of CA.

    What would be the potential consequences to an out-of-state resident of failing to pay a parking ticket on a car rented in CA?

    (If other details are relevant, such as the specific type of ticket, I'd be glad to provide them.)
    The rental company will pay it; then charge you for it. That's probably in your rental contract somewhere.

  3. #3
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    Default Re: What if Out-Of-State Resident Doesn't Pay Parking Ticket on California Rental Car

    Please provide the specifics of the ticket.
    Hi, it was a $363 ticket for Parking in Disabled Crosshatch, 22507.8(c)(2) V.C.

    Quote Quoting zeljo
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    The rental company will pay it; then charge you for it. That's probably in your rental contract somewhere.
    The rental company has already provided the customerís name and mailing address (and perhaps driverís license #) to the parking agency. My understanding has been that the rental company is thus relieved of liability and the parking agency will only pursue the customer, not the rental company or the car (e.g., the rental carís registration should not be affected). Of course, I'd like to know if that's incorrect.

    The parking notice offers an option to respond with an ďAffidavit of Nonliability (for Sold, Leased or Rented Vehicles), choosing this option: ďLeased/Rented to someone else. Proof of a written lease or rental agreement, which includes the name, address, and driver's license number of the person to whom the vehicle was leased or rented, must be submitted within 30 days of the date of this notice. CVC 40209ď

    CVC 40209: ďIf the affidavit of nonliability is returned to the processing agency within 30 calendar days of the mailing of the notice of delinquent parking violation together with the proof of a written lease or rental agreement between a bona fide rental or leasing company, and its customer which identifies the rentee or lessee and provides the driver's license number, name, and address of the rentee or lessee, the processing agency shall serve or mail to the rentee or lessee identified in the affidavit of nonliability a notice of delinquent parking violation.  If payment is not received within 21 calendar days from the date of issuance of the citation or 14 calendar days after the mailing of the notice of delinquent parking violation, the processing agency may proceed against the rentee or lessee pursuant to Section 40220.Ē

    A few further questions and comments:

    Is the mailing of such a notice to an out-of-state rental customer legally sufficient? Could contesting the ticket possibly make things worse by eliminating any issue of inadequate service or notice? I recall reading long ago that a mailed camera ticket during another out-of-state rental didnít satisfy the legal requirements for service or notice so it should be ignored entirely (which never caused any further demands or consequences to my knowledge).

    Is the named rental customer liable for any parking ticket on the rented car, regardless of who parked the car at the time? Would the rental customer have any obligation to identify any other such party?

  4. #4

    Default Re: What if Out-Of-State Resident Doesn't Pay Parking Ticket on California Rental Car

    It has been my experience, that the rental company pays the ticket and then charges the credit card of the renter. The person on the contract is liable to the rental car company,period. It would be up the the renter to go after the person who illegally parked the car.

  5. #5
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    Default Re: What if Out-Of-State Resident Doesn't Pay Parking Ticket on California Rental Car

    Quote Quoting doucar
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    It has been my experience, that the rental company pays the ticket and then charges the credit card of the renter. The person on the contract is liable to the rental car company,period. It would be up the the renter to go after the person who illegally parked the car.
    Thanks, it makes sense that the rental company might pay the ticket and then have a contractual right against the named customer, but as I mentioned above, there is a procedure for the rental company to file an affidavit of non-liability, which they have apparently done rather than paying the ticket. (I'm somewhat surprised that the law seems to allow the rental company to transfer liability in this way.) It's not so clear to me what recourse the city has against the out-of-state rental customer (especially if that customer didn't park the car).

  6. #6
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    Default Re: What if Out-Of-State Resident Doesn't Pay Parking Ticket on California Rental Car

    Quote Quoting expertuser
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    It's not so clear to me what recourse the city has against the out-of-state rental customer (especially if that customer didn't park the car).
    Having dealt with this before, I'll tell you, the city will issue a warrant and they will send notice to the driver's state DMV.

  7. #7
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    Default Re: What if Out-Of-State Resident Doesn't Pay Parking Ticket on California Rental Car

    Quote Quoting expertuser
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    Thanks, it makes sense that the rental company might pay the ticket and then have a contractual right against the named customer, but as I mentioned above, there is a procedure for the rental company to file an affidavit of non-liability, which they have apparently done rather than paying the ticket. (I'm somewhat surprised that the law seems to allow the rental company to transfer liability in this way.) It's not so clear to me what recourse the city has against the out-of-state rental customer (especially if that customer didn't park the car).
    It doesn’t matter what the law allows if your contract with the rental agency provides for them to pay the ticket and bill you for it. The claim to avoid liability is an option but they are not obligated to folllow that if the contract allows them other avenues.


    if they have opted to use the denial of liability as you state, it’s now between you and the state. If you fail to pay the ticket I would suggest you never drive in California again as your driving privileges will likely be suspended. While that is unlikely to result in your license being suspended, California has all rights to not alllw you to drive in their state with an unpaid ticket.

  8. #8
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    Default Re: What if Out-Of-State Resident Doesn't Pay Parking Ticket on California Rental Car

    Quote Quoting LegalWriter
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    Having dealt with this before, I'll tell you, the city will issue a warrant and they will send notice to the driver's state DMV.
    Thanks, are you referring to a misdemeanor warrant for failure to appear, or something else? In the case you dealt with, was the original citation left on an unattended vehicle where the alleged driver was not present (as in this case), and was it for the same crosshatch violation?

    Am I misunderstanding the following?

    “42001.13. (a) A person who commits a violation of Section 22507.8 is subject to either a civil notice of parking violation pursuant to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 or a criminal notice to appear.”

    “40200.1. A person shall not be subject to both a notice of parking violation and a notice to appear for the same violation.”

    If the original ticket was a “parking violation citation” placed on an unattended rental car, and the rental customer was then issued a “parking violation delinquent notice”, am I correctly understanding that pursuant to the above code sections, the rental customer cannot be subject to a notice to appear for the violation (even if that had ever been possible for an unattended car), so the worst potential outcome is a civil penalty or civil judgment? Can a civil penalty or judgment still be reported to another state’s DMV and affect that driver's license? Would such a civil penalty or judgment even affect driving privileges in CA?

    Quote Quoting jk
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    It doesn’t matter what the law allows if your contract with the rental agency provides for them to pay the ticket and bill you for it. The claim to avoid liability is an option but they are not obligated to folllow that if the contract allows them other avenues.

    if they have opted to use the denial of liability as you state, it’s now between you and the state. If you fail to pay the ticket I would suggest you never drive in California again as your driving privileges will likely be suspended. While that is unlikely to result in your license being suspended, California has all rights to not alllw you to drive in their state with an unpaid ticket.
    Thanks, you're likely correct that using the affidavit of non-liability was an option, not a requirement, but it makes sense that the rental company considered that their best option.

    Is it your understanding that any unpaid parking ticket in CA would likely result in suspended CA driving privileges, or is it something specific about this particular ticket?

  9. #9
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    Default Re: What if Out-Of-State Resident Doesn't Pay Parking Ticket on California Rental Car

    They send a notice by certified mail to the driver to pay or appear. That is sufficient notice and it's treated as criminal. If they ignore it, the warrant issues and notice is sent to that state's DMV.

  10. #10
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    Default Re: What if Out-Of-State Resident Doesn't Pay Parking Ticket on California Rental Car

    Quote Quoting LegalWriter
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    They send a notice by certified mail to the driver to pay or appear. That is sufficient notice and it's treated as criminal. If they ignore it, the warrant issues and notice is sent to that state's DMV.
    Thanks, but can you confirm whether you dealt with the same crosshatch violation for an unattended vehicle?
    What was the warrant for (e.g., the violation itself, or a failure to appear)?
    By the way, this "parking violation delinquent notice" was not sent by certified mail, and only requests payment, with no mention of appearing.
    Do you think the code sections quoted above don't apply, and if not, why?

    FYI, when I called a CA firm that specializes in traffic disputes, I was told they donít handle any parking issues (and don't know of any that do), but that person believed non-payment of this crosshatch ticket would not result in any criminal charge, arrest warrant, effect on my license, or even any problem if Iím pulled over in CA, and if the matter isnít dismissed based upon my contesting it, any unpaid amount would merely be sold to a collection agency (but not reported to a credit bureau). If you have personal experience to the contrary with this same type of ticket, that would be very helpful to know.

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