Home › Forums › Open Discussion › Parking Ticket. Driveway. Should I contest this?
- This topic is empty.
-
AuthorPosts
-
February 25, 2010 at 5:32 pm #593998
MookieMemberHoping for experienced advice from the Hive Mind here! I received a ticket yesterday for parking “on planting strip.” I was actually parked in the driveway “cutout” and parallel to the street, so was not blocking the sidewalk, and was not hanging over either end of the driveway cutout on planting strip area.
I can’t pull right up to the garage doors and park without blocking the sidewalk—-and being on a steep hill, parking at the curb leaves my car in a position to get whacked by people who fly down the hill. Garage is not available, it’s filled with stuff from landlord, who told me to park in the cutout and that he had done so for two years when he lived here. Google maps streetview even shows his truck parked in the cutout.
I looked through the parking regs online and all I could find about driveways was not to park at the curb within 5 feet of either side of the driveway opening. Nothing about whether it’s legal to park a vehicle in the driveway cutout. Does the driveway including cutout that’s in the parking strip belong to the property owner?
February 25, 2010 at 5:38 pm #689236
MargLMemberNope – can’t park ‘in front’ of a driveway, even if the landlord says it’s OK.
http://clerk.ci.seattle.wa.us/~public/code1.htm
Search for 11.72.110
Oh wait, I think I see where you’re coming from – the key words are ‘within a street’, so if you’re parking in the strip between the driveway and the street – is that the ‘end of the driveway’, the ‘planting strip’ or the ‘within a street’… good question.
If you were parking next to the -sidewalk- that’d be the ‘planting strip’ which we know is illegal.
February 25, 2010 at 6:33 pm #689237
MookieMemberThanks for your reply, Margl; nope I was not parked in the street, or in front of a driveway blocking it. Parked in the driveway cutout, not on the parking strip area, and did not impinge upon the sidewalk. Will be interesting to see court’s interpretation of whether the driveway cutout that’s in the parking strip belongs to the property owner or not, and if parking there is allowed. Oh well!
February 25, 2010 at 8:10 pm #689238
waterworldParticipantMookie: I would challenge it, no question. One thing to keep in mind is that when you contest a parking infraction, the first step is an appointment with a hearing officer for what they call a “settlement conference,” or something like that. At that meeting, the judge will have a copy of the police report and you’ll have an opportunity to explain why you believe you did not commit an infraction. The judge may or may not dismiss the infraction, but the fine is virtually always reduced or even waived. If, on the other hand, you check the box saying you admit you committed the infraction but you want the opportunity to explain it, the judge will not dismiss, no matter what you explain in the session. You might get the fine reduced, but you’ll have to pay something.
Good luck!
February 25, 2010 at 8:12 pm #689239
ALSParticipantSounds like you were “technically” breaking the law, but it’s pretty silly to ticket you for that. But I wouldn’t expect any less from Seattle parking police!
In my experience, contesting it will get the ticket reduced, but not dropped completely. I got a parking ticket a while back for having expired plates. My car was parked right in front of my house, and for all they know, hadn’t been driven since the plates expired. Hubby and I have 2 cars and his gets parked in the driveway (we don’t have a garage and the driveway isn’t big enough to park 2 cars there). It was a $65 ticket, and contesting it got it reduced to $20, but they wouldn’t drop it because it was on a public street, regardless of whether it had actually been driven.
February 25, 2010 at 8:25 pm #689240
pamMemberParking enforcement has been out in full force on our street and it appears that if you are hanging over the sidewalk even by an inch (not blocking but infringing an eense) you will get a ticket.
February 25, 2010 at 8:32 pm #689241
celeste17ParticipantI would contest the ticket. Also, with City of Seattle you can contest the ticket via mail. Fill out a response to the ticket and mail it back with pictures and they will review it and get back to you. I have done this a few times and have it either reduced or dismissed.
February 25, 2010 at 8:38 pm #689242
flowerpetalMemberThere really is no reason not to contest it is there? Great reminder Celeste that the mail in contesting is available.
I think the bigger question is, will you park there again? Even if it is dismissed or reduced; it might not mean that its OK to park there.
February 25, 2010 at 8:40 pm #689243
dhgParticipantI believe I can speak with some authority on this. I lived for 20 years on Cap Hill in a townhouse with a row of garages. From time to time, people who wanted a free parking space that was convenient would elect to park in the “cut out” in front of my garage. The hard and fast rule was that if the tires touched the sidewalk then it was a city matter. Private tow trucks would not handle it. We had to call the city, a parking enforcement officer would come out, tag the car and call for a tow. It was a very long process. (And once, having been blocked for two hours and finally getting a city tow truck, the guy appears for his car and grouses that he had only been parked there “for a minute”) If the wheels were not touching street or sidewalk, it was a private matter. So I believe you are perfectly within your rights to ask for a dismissal.
February 25, 2010 at 9:25 pm #689244
winterhawkMemberTip:
I had to go to court when the city impounded my car wrongly. Sat through several other people’s hearings.
A guy there was contesting a ticket and had photos of the parking sign that said it was OK to park after 6pm, he was ticketed at 6:12 or so.
The judge ruled against him because the photos were too close to the sign, there were no landmarks or street signs to prove the sign was at the location of the infraction. So If you take a picture of the cut out, make sure you can see your house numbers or a street sign.
Best of luck.
February 25, 2010 at 9:54 pm #689245
MookieMemberWow, thank you everyone for sharing your experience, tips and advice. I’ll request a hearing, bring pictures, and see how it goes. Will post update someday soon…
February 25, 2010 at 11:46 pm #689246
JustSarahParticipantMaybe I’m missing something, but I don’t see how taking a picture will help you. The judge would have no way to know that that is exactly how you were parked when the ticket was issued. It’s worth a shot, but I wouldn’t count on it helping you. Sorry to be a downer.
February 26, 2010 at 1:37 am #689247
JoBParticipantso recreate the scene..
park car
put ticket on window
take picture
don’t forget to turn off the time/date stamp:(
February 26, 2010 at 2:45 am #689248
MookieMemberSarahScoot I agree, they don’t have to believe photos show how my car was parked on the day of the ticket. I guess I’m thinking, bring photos showing the location and get verification that it is legal to park there as long as I don’t 1) block the sidewalk or 2) encroach on the planting strip. Heard from landlord today that he used that as parking spot for 10 years—and it was SPD who told him he could. (Hearsay, I know, I know, but still.)
February 26, 2010 at 2:49 am #689249
JustSarahParticipantGood luck! I am strongly against illegal parking in most cases (blocking sidewalks, too close to intersections, parking in bus zones, etc.) but this does seem like it deserves a dismissal, even if you have to promise not to park there again.
I do understand the reason for the law, though; if it wasn’t your car blocking the driveway, and you were parked in the garage and had to leave due to an emergency, you’d be SOL. Parking enforcement obviously can’t/doesn’t have the time to find out whether the car blocking the driveway is there with permission of the property’s occupant.
February 26, 2010 at 3:26 am #689250
luckymom30ParticipantCars are ticketed on a regular basis in our neighborhood, there is no parking on the planting strip or street parking on our side of the street for blocks so anyone not having a double driveway or garage has to park across the street or down the block.
February 26, 2010 at 3:35 am #689251
ws4everMemberPictures, witnesses, and more pictures from every angle. Even if you’re right and the ticket was wrong, the judge will insist you don’t have a case unless you have pictures to document each idea you present.
And sometimes they give you a chance for a lesser fee if you don’t contest the ticket, but you’ll pay the larger fine if you show up in court to support your claim and the ruling is that you’re wrong or lack sufficient documentation of your claim. Sometimes you gotta decide whether it’s worth the money to get off work and show up in court, rather than pay a reduced fine and go on with your normal routine.
Good luck!
-
AuthorPosts
- You must be logged in to reply to this topic.