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Gravitymachine
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Username: Gravitymachine

Post Number: 1455
Registered: 05-2005
Posted on Tuesday, January 16, 2007 - 11:41 am:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

i need to know. i went to the naias this morning, parked my vehicle in a parking spot on congress with the new parking meter devices (spot #7), and came out to the car with 6 minutes to spare on the meter, yet i got a ticket for parking in a "prohibited parking" spot?!

luckily i had my camera with me so i was able to take pictures as evidence that i was in fact in an allowed parking area (which i'll put up later)

anyone know how to fight a legitimatly wrongful ticket?
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Gravitymachine
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Username: Gravitymachine

Post Number: 1456
Registered: 05-2005
Posted on Tuesday, January 16, 2007 - 12:01 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)



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Ravine
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Username: Ravine

Post Number: 509
Registered: 01-2006
Posted on Tuesday, January 16, 2007 - 12:22 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

It may seem ridiculous to go so far as to schedule a hearing over this incident, but I say go for it. You were "in the right," and you have a photo. I suspect that many magistrates have enough real-time common sense to believe that you wouldn't go to the trouble and expense (time is money, natch) to schedule a hearing over a parking ticket unless maybe, MAYBE you have been inappropriately screwed. But don't get another ticket when you park for the hearing...
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Wash_man
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Username: Wash_man

Post Number: 290
Registered: 05-2006
Posted on Tuesday, January 16, 2007 - 12:43 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

I hate to be technical...but the front of your vehicle seems to be over the line of what looks like a non-parking spot. Maybe this is why you got a ticket? You're only supposed to use one space. It's petty, but may explain the ticket.
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Gravitymachine
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Username: Gravitymachine

Post Number: 1457
Registered: 05-2005
Posted on Tuesday, January 16, 2007 - 12:59 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

the angle doesn't show it, but the front of the van was well behind the sign for the no parking zone.


looking at it again, you may be right wash-man, i made sure to get behind that sign, but didn't even think about having to get behind the line. balls.

(Message edited by gravitymachine on January 16, 2007)
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Ravine
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Username: Ravine

Post Number: 516
Registered: 01-2006
Posted on Tuesday, January 16, 2007 - 1:27 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

Oh, shit. Now that Wash_man mentions it, the over-the-line issue probably IS the problem. Rats!!
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The_rock
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Username: The_rock

Post Number: 1494
Registered: 11-2003
Posted on Tuesday, January 16, 2007 - 1:27 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

It might take a full day of your time, gravity, but go down there and give it your best shot. I would think that the judge would be impressed with the fact you took photos ( we called it "demonstrative evidence" in the law).
Traffic Court--t'aint nutin' like it!!

I had a few traffic court cases when I first started practicing law over 40 years ago. My father, also an attorney, taught me the three cardinal rules for a traffic court attorney to ALWAYS follow.
1. Get your fee in advance.
2. The client pays the fine.
3. Get your fee in advance.

Good luck,
The Rock
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Gravitymachine
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Username: Gravitymachine

Post Number: 1458
Registered: 05-2005
Posted on Tuesday, January 16, 2007 - 3:24 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

sounds like I'll probably just skip ahead to rule #2 :/
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Thnk2mch
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Username: Thnk2mch

Post Number: 638
Registered: 02-2006
Posted on Tuesday, January 16, 2007 - 4:25 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

Try this. Two different ideas



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Jimaz
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Username: Jimaz

Post Number: 1375
Registered: 12-2005
Posted on Tuesday, January 16, 2007 - 5:48 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

Tsk, tsk. Falsifying evidence. It'll never work. :-)
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Itsjeff
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Username: Itsjeff

Post Number: 7360
Registered: 10-2003
Posted on Tuesday, January 16, 2007 - 8:22 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)


mm
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Futurecity
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Username: Futurecity

Post Number: 450
Registered: 05-2005
Posted on Tuesday, January 16, 2007 - 10:44 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

I think that there is no street parking anywhere in and around cobo during the auto show.

Our insane city parking department has decided to put "no parking - tow away zone" signs directly over the regular parking signs just for the show (No kidding! Go check them out!). It doesn't matter if you are at a metered spot or not. And to top it off, there is no warning on the meters.

I was almost ticketed and towed from a normally legally metered spot at Congress and Griswold the other morning. I parked, put money in the meter and walked into the adjacent building. Lucky for me an associate tracked me down in the nick of time and I was able to move my car. As I ran back to my car, a valet pointed to freshly tacked on sign over the regular parking sign, but no sign of any kind around the meter.

Who made this parking decision? Bureaucrats. The bane of society. Truly evil thru and thru.
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Gravitymachine
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Username: Gravitymachine

Post Number: 1459
Registered: 05-2005
Posted on Wednesday, January 17, 2007 - 8:33 am:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

futurecity the car parked in the spot behind me had no ticket, the meter gleefully took my money (robots love money) and there were not temporary no parking signs there.
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Cambrian
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Username: Cambrian

Post Number: 510
Registered: 08-2006
Posted on Wednesday, January 17, 2007 - 11:14 am:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

I've fought tickets and have won. One note worthy one was an abandoned vehicle ticket. I had a car in front of my house that I owned which was towed and impounded. I went to city hall and asked them by which authority they did this. The clerk snottily replied "The Michigan Uniform Vehicle Code Sir!" I asked to view this code, I was handed a really thick book with a black cover. I perused it and found a section, which spoke of the abandoned vehicle code and saw that it clearly stated the ticketing officer was supposed to affix a sticker to the vehicle giving me 48 hours notice. Over the next few months, yes I was on a seasonal lay off from my job, so I had time to get in to their shit. I was lied to by the chief of police, who said I was given a sticker, yet could not prove such. The magistrate who refused to look at the law I photocopied blew off the case. He arrogantly stated I was at fault because did not read the law I found correctly. He also felt the city had the right to tow vehicles with out adequate notice, as there was a snow emergency. I pointed out the DPW had all ready plowed my street prior to the car being towed, so the snow emergency was in fact over for 36 hours buy the time my car was towed. I backed that claim up with documentation from the DPW supervisor I had previously obtained. The magistrate refused to listen to any reason. I had to schedule an appeal with the judge. The city attorney took the same snotty tone with me as the magistrate insisting I was too stupid to understand the section I had found in the code book. Thankfully, the judge was completely willing to listen to me and asked to see the copy of the law I had found in the Michigan Uniform Vehicle Code. He found in my favor. I got the $50 ticket fee back but was still out the $129 in impound and towing fees. Just as I was preparing to go after them for that I was called back to work. So, I no longer had the time to screw around with them. The moral of the story is to go in prepared and be ready to have to use the appeal process as magistrates usually all ready have their minds made up before the case is even heard. But you have to look at the costs involved, is losing time at work worth fighting the ticket? If you are laid off and have nothing to lose go for it! I notice now the code and police officers have a new respect for me. I routinely have old cars around my property and they don’t get stickered or messed with anymore, yet my neighbors vehicles get stickered.
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East_detroit
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Username: East_detroit

Post Number: 929
Registered: 11-2003
Posted on Wednesday, January 17, 2007 - 7:10 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

1. What does that sign say in front of your import?

2. Signs override meters.
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Gannon
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Username: Gannon

Post Number: 7866
Registered: 12-2003
Posted on Thursday, January 18, 2007 - 7:20 am:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

As long as you were not outside any other parking law, you've got all the evidence you need to win this thing.

The payment sticker from the new timed (and hopefully synchronized) meters will show that the time you got the ticket was within the period you paid.

The date/time stamp on the digital image will show you caught the vehicle in the same (relatively synchronized) time frame.

Show these things in this order, and you should be able to establish that the ticket is a scam.


I would then take your winnings over to small claims court and file to recover your losses in time and money to a false ticket, including the time it takes in small claims.
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Gravitymachine
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Username: Gravitymachine

Post Number: 1462
Registered: 05-2005
Posted on Thursday, January 18, 2007 - 9:15 am:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

quote:

1. What does that sign say in front of your import?

2. Signs override meters.



1.it is one of two signs denoting a no parking zone IN FRONT of my "import" (what the hell does that matter anyways? are you trying to villify me for owning a 20 year old beater van?), the area occupied by the telephone van is the no parking zone.

2.see #1


gannon, as much as i'd savor sticking it to the "man", its not worth my time to fight it

(Message edited by gravitymachine on January 18, 2007)

(Message edited by gravitymachine on January 18, 2007)
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Gannon
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Username: Gannon

Post Number: 7868
Registered: 12-2003
Posted on Thursday, January 18, 2007 - 9:43 am:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

Gravity,

This should take precious little of your time.

Photocopy the original dated and timed receipt for your paid meter time. Get it notarized to prove the copy accurate and able to be entered into court.

Print out the picture, and have that same notary note the initial date and time of the digital image from the file readout.


Send it all it, save yourself some money the administration does not deserve. As long as the dates and times all line up, you've got a case.

Far as I know, you can send it in then request a hearing later...but sending it all in might just get you to a magistrate instead of a full judge, and they might not have the powers necessary to make this right.

Good luck!
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Cambrian
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Username: Cambrian

Post Number: 513
Registered: 08-2006
Posted on Thursday, January 18, 2007 - 12:00 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

You ever successfully file a claim in small claims to recover lost money for time spent fighting tickets Gannon? I got a parking ticket the other night at OCC auburn hills for parking outside marked lines at the end of the row. I flagged the OCC cop down who was nearby writing other tickets, and pointed out the lines were present, albeit quite faded, and the truck was well within them. She apologized profusely and took the ticket back. I was wondering if I should have my local police agency run my record next month to assure she did not forget to void the ticket out?
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Gannon
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Username: Gannon

Post Number: 7872
Registered: 12-2003
Posted on Thursday, January 18, 2007 - 12:08 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

Heh, that part was a joke. I'm absolutely sure that municipalities cannot be sued...don't know the statute, but government makes itself exempt from the laws it passes.

Why would perfection require regulation, let alone inspection?!

Ahem.


I digress...if that was the issuing officer, it is likely the ticket was voided, but I would check...before their penalty period expires.
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Harmonie
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Username: Harmonie

Post Number: 670
Registered: 08-2004
Posted on Thursday, January 18, 2007 - 1:28 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

Actually, if you just go to the place where you pay the ticket. They have a basic form to fill out if you would like to fight the ticket. It's gives you 7 blank lines to explain why the ticket was given wrongly and you can staple pictures to it. That simple...at least it was last time I did it. (and I filled out 4 forms for four different tickets:-) It takes awhile for them to get back to you but most of the time it works. It can't hurt either because once you submit the explanation the timer stops on the penalties for late payment.

Good luck!
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Gravitymachine
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Username: Gravitymachine

Post Number: 1467
Registered: 05-2005
Posted on Thursday, January 18, 2007 - 2:45 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)

exaclty the kind of advice i was hoping for, something that actually might be doable without taking time off work.

thanks harmonie. I'll give that a shot
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Detroit_stylin
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Username: Detroit_stylin

Post Number: 3591
Registered: 10-2003
Posted on Thursday, January 18, 2007 - 5:22 pm:   Edit PostDelete Post   Move Post (Moderator/Admin Only)


C:

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