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  1. #1
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    Apr 2019
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    Default Street Cleaning Fine - Was Never Issued Given Ticket

    My question involves a traffic ticket from the state of: Los Angeles, CALIFORNIA

    Yesterday I collected a letter in my mail dated 4/11/19 saying: "Our records indicate that you have failed to pay the parking citation listed below. Your original fine has now increased and and additional $25 penalty has been added." The fine is now $171.00. The letter says the incident took place on 2/7/19. The envelope that the letter was sent in was undated so I don't know when it was sent.

    I had pulled over to take a phone call. My engine was running, I was in the drivers seat. No ticket was given to me at the scene. No attendant approached me or my car. I never received a ticket in the mail or any reminder. The only notice of the supposed violation has been the 4/11/19 letter. I believe the parking attendant - assuming there was one - didn't approach me or my car because they knew they were doing something shady.

    Would welcome any feedback. Thanks.

  2. #2
    Join Date
    Mar 2013
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    16,875

    Default Re: Street Cleaning Fine - Was Never Issued Given Ticket

    Ask for a copy of the citation.

  3. #3
    Join Date
    Jan 2006
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    Default Re: Street Cleaning Fine - Was Never Issued Given Ticket

    You didn’t say whether your actions constitute a violation or not. Were there restrictions on stopping where you stopped?

    under the definitions in state law, it would appear the citation is valid

    463.

    “Park or parking” shall mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
    i don’t think issuing a valid citation would be considered to be “something shady”. After all, you do admit to the violation here.

  4. #4
    Join Date
    Apr 2019
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    Default Re: Street Cleaning Fine - Was Never Issued Given Ticket

    Thanks all.....thanks for the swift replies.

    Is there a code that says the car has to be ticketed? How do they expect people to pay for a ticket if they aren't given one?

    The letter says the penalty was for MC 80.69 (B), which is listed online as per Los Angeles Municipal Code, ordinance 182183, as "$73, $146 with late penalty and $171 with second penalty."

    I'll ask for a copy of the citation.

    It was street cleaning morning. I pulled over to take a call. I don't believe I was technically parked as I was still in car with engine running but of course I could be wrong.

    Thanks again.

  5. #5
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    Jan 2006
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    Default Re: Street Cleaning Fine - Was Never Issued Given Ticket

    Quote Quoting dthom
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    Thanks all.....thanks for the swift replies.

    Is there a code that says the car has to be ticketed? How do they expect people to pay for a ticket if they aren't given one?

    The letter says the penalty was for MC 80.69 (B) which is listed online as per Los Angeles Municipal Code as "$60, $160 with late penalty and $170 with second penalty."

    I'll asks for a copy of the citation.

    It was street cleaning morning. I pulled over to take a call. I don't believe I was technically parked as I was still in car with engine running but of course I could be wrong.

    Thanks again.
    You said you stopped. That is covered under the law I quoted.

    Park or parking” shall mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

    you were standing.

    I would suggest attempting to argue the late penalty if you never recieved the ticket.

    They could have seen you and you pulled away before they could physically deliver the ticket. They aren’t required to chase you down to physically hand you the ticket.

  6. #6
    Join Date
    Jul 2016
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    Paso Robles, California
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    490

    Default Re: Street Cleaning Fine - Was Never Issued Given Ticket

    Quote Quoting jk
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    They could have seen you and you pulled away before they could physically deliver the ticket. They arenít required to chase you down to physically hand you the ticket.
    This may be true but it could also be that this isn't the actual incident that OP was cited for. Without the citation, there is no real way to know for sure.
    *****
    I may not always be right, but I am never wrong.

  7. #7
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    Default Re: Street Cleaning Fine - Was Never Issued Given Ticket

    Quote Quoting Jim Kozlovich
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    This may be true but it could also be that this isn't the actual incident that OP was cited for. Without the citation, there is no real way to know for sure.
    If you read the very first post you will notice it appears op has a copy of the ticket or at least enough specific information to understand the incident the letter refers to. Op has not disputed the actions they were cited for but simply that they didn’t believe standing was the same as parking and not realizing they ticket agent didnt have to physically deliver a ticket for the charge to be valid.

  8. #8
    Join Date
    Oct 2014
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    7,212

    Default Re: Street Cleaning Fine - Was Never Issued Given Ticket

    Quote Quoting dthom
    View Post

    Would welcome any feedback. Thanks.
    It would be good to know what the city says about what prior notices of this citation were, if any. If you can show that you didn't get any prior notice then at the very least you have a good case to make to reduce the fine increases and late fees on the basis of a violation of due process.

  9. #9
    Join Date
    Mar 2018
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    280

    Default Re: Street Cleaning Fine - Was Never Issued Given Ticket

    MC 80.69 (B) prohibits parking as defined in cvc 467, which says, essentially, that stopping temporarily is not "parking." This is consistent with the common sense meaning, which is that it has to be distinct from "stopping." If this incident is what the ticket is about, you are not guilty. Challenge it.

  10. #10
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    Default Re: Street Cleaning Fine - Was Never Issued Given Ticket

    Quote Quoting zeljo
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    MC 80.69 (B) prohibits parking as defined in cvc 467, which says, essentially, that stopping temporarily is not "parking." This is consistent with the common sense meaning, which is that it has to be distinct from "stopping." If this incident is what the ticket is about, you are not guilty. Challenge it.
    your link said this:

    b)
    Parking Prohibited. Whenever authorized signs are in place giving notice that parking, as defined in Section 463 of the California Vehicle Code, is prohibited at any time or during certain hours, it shall be unlawful for any person to park any vehicle during such prohibited times, except as provided in Section 88.01.1 of this chapter. (Amended by Ord. No. 170,019, Eff. 10/21/94.)
    section 463 of the California vehicle code is what I posted previously and it states standing is equal to parking.

    There is also no 80.69(B) on that link. I quoted 80.69(b)

    cvc 467 says nothing about parking. It speaks of pedestrians.
    467.

    (a) A “pedestrian” is a person who is afoot or who is using any of the following:
    (1) A means of conveyance propelled by human power other than a bicycle.
    (2) An elec...
    And your 467 link actually links to cvc 463
    463.

    “Park or parking” shall mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.


    the temporary statement referred to when a driver is actively discharging recieving passengers or meechandise. It is not speaking to all temporary stopping.



    while I don’t mind being corrected, it would help if the claimed correction was correct, which yours doesn’t appear to be. If you actually have what you claim to have, try again.

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