The Parking Ticket Geek went two for two yesterday when he went up against the City of Chicago to contest a pair of parking tickets at the Addison St. hearing facility.
One was for parking in an alley.
The problem for the PEA was that I was actually making a delivery and dropping off some boxes to a customer. I guess the boxes in the car and the blinking flashsers was not enough of a tip off for the PEA to walk on by.
But the municipal code allows for the expeditious loading or unloading of passengers or goods, so it’s a very solid defense if you can prove it or give believable testimony. So if you’re parked in an alley dropping off groceries, or picking someone up, or unloading furniture or whatever…that’s a defense against this violation.
The other problem for the PEA was the street was written incorrectly. I used my photos combined with the Dept. of Revenue photos to prove exactly where I was parked and it was certainly not on the street indicated which was several blocks away.
I would advise ticket writers to check the street sign, but I prefer they keep on making all the mistakes they do. So keep up the great work PEAs!
The lesson here is to check all the facts alleged on the ticket. If something is grossly incorrect, it’s a basis for dismissal.
I tried to make the argument that the ticket writer also forgot to indicate which section of the code the ticket was for. There’s an A and B subsection, yet no subsection was listed. For whatever reason, this particular hearing officer didn’t understand the law, or chose to ignore the law on this and didn’t buy my argument.
The hearing officer tried to say the photos demonstrated which subsection of the code the ticket was written for. But, since there’s no mention of photos in the muni code and the law states explicitly the subsection must be listed for the ticket to be valid, the hearing officer was wrong.
It didn’t matter though.
Ticket dismissed.
The second one was for a meter violation. The problem was, when my wife placed the receipt on the dashboard, the wind pushed it so far down between the dash and the windshield, you could barely see it. So the PEA missed it too.
But luckily we had the receipt to prove we had paid for our time and were not in violation. But it was a big pain in the ass retrieving the damn thing. It took me a good twenty minutes and a super long tweezers I had to buy in order to finally extract it so I could use it as evidence.
My explanation and the receipt was good enough to have ticket number two dismissed as well.
Not a bad day.
Posted in 
Alley Violation? Park/Stand? or Block Access?
DoR-
I was parked in an alley.
It was an alley adjacent to the business where I was unloading.
PTG Wrote:
“It was an alley adjacent to the business where I was unloading.”
Inside a box, outside, upside down.*
*http://dentonlibrary.files.wordpress.com/2009/04/inside1.jpg
Geek,
Next time you have to go to the zoo to see the kangaroos, want to try these questions before your case is heard.This is intended for Red Light Camera Ticketing cases.
To the Judge/Administrator;
May I ask a few questions and get responsive replies before my hearing?
What’s the Judge/Administrator going to say, they have to say “Yes” don’t they?
Do you mind if I memorialize this conversation?
Will I receive a fair hearing today?
Again, what’s the Judge/Administrator going to say, they have to say “Yes” don’t they?
Even if there appears to be a conflict of interest, will I still get a
fair hearing?
Again, what’s the Judge/Administrator going to say, they have to say “Yes” don’t they?
To the Judge/Administrator;
Who gets the money from the citations?
To the Judge/Administrator, “Who do you represent?”
To the Judge/Administrator
“Who trained you for this job?”
“Who pays for your time at these hearings?”
the city is the undeniable answer, isn’t it?
The city gets the citation money, trained you and pays for your time, am I correct?
IT APPEARS THERE IS A CONFLICT OF INTEREST ISN’T THERE?
Please explain to me how I will I receive a fair hearing here today when there is a conflict of interest?
Remember you agreed to provide me with responsive answers to my questions before hearing this case.
If I am being denied a fair hearing then what is the point of this hearing?
For the record, if I appeal this case to the County level at an additional cost do you know if I will receive a fair hearing there or will my rights be jeopardized?
It’s an unequal application of the law, in my opinion.
Barnet,
I usually don’t agree with things you say, however this time I must admit, That was funny.
Fair Hearings? Nope. And it isn’t just for parking tickets. The Courts (State and Federal) engage in deference to the Administrative Agency. What this means is that they need some evidence supporting their position and cannot weigh competing evidence. Thus if a Government Official sat and observed the transit of the sun during the course of the day and his agency then held that the Sun revolved around the earth, the agency would likely prevail in Federal Court. The Court could not consider/weigh the contrary evidence and the agency had “measured observations” supporting its position.
The solution is to demand that administrative “law” be eliminated and that we resort back to an actual system of jurisprudence. If this means that ticky-tacky things can no longer be administered so be it. And most of the parking rules are just that — ticky-tacky and done simply for revenue.
And, of course, it hides “serious” parking violations. Consider a large van parking so close to an intersection that it obscures a Stop sign and a Car Parked in the middle of the block during street cleaning. Which is more likely to get the ticket? Which is more dangerous? I saw six or seven people nearly hit by the first scenario and I called the Police. They dismissed it as “a parking” issue not important enough to send a cop.
get rid of the ticky-tacky parking and the stuff that actually matters can be enforced.
Barnet,
That was awesome! I can just picture the local violations kangaroo court officer going mad with these questions! In fact really want to mess with the system? Print up fliers with the procedure on it and hand them out en mass before the kangaroo hops up to the podium. Everyone asks the same questions…no one gets an honest answer, court adjourned. I can see the proceedings grinding to a halt while many panicky phone calls are made by the hearing officer.
BTW are you the same person who posted a reply over at Illinois Review regarding the red light camera defense???
To be fair, sometimes tickets are purposefully written incorrect. This way the ticket writer gets credit for the work. Most writers have some type of quota. You can’t tell the boss at the end of the day you didn’t do a thing. Of course it still screws you over because you had to take the time to fight the ticket. But at least the mayor doesn’t get your money.
mark Says:
“sometimes tickets are purposefully written incorrect. This way the ticket writer gets credit for the work”
The problem with that Mark, is that DOR Management reveiws our citations, and to many tickets dismissed because of being improperly written will set a red flag off, and that ticket writer will be monitored more closely. In the short term, it will keep managemnt off a ticket writer’s back. In the long term, it will hurt the ticket writer’s creditabilty.
get real……some time tickets….get written improperly…..is not to meat a qouta….but to make it look like….a ticket was issued,,,say when we…..come into an area……where there are….cops personal cars….and we need to enforce….but do not want…..to be hassled by a cop….not saying that……it could happen….but ya never know….
Barnet’s points are interesting, but inaccurate. Take a look at the City’s budget: hearing officers are independent contractors/attorneys. They are contracted with the Department of Administrative Hearings, not the enforcing department (Revenue in this case). They aren’t paid based on the types of decisions they make. They are paid on an hourly basis.
Granted, they are receiving money from the City in exchange for a service, but that in and of itself should not impeach their fairness. How else would/could you pay them? Further, it seems like you are more likely to be found not liable than liable (at least for parking tickets based on a recent Tribune report).
Thank you Facts…..I was about to make that point.
I asked the question several years ago when I first started writing tickets for the city as to the veracity of the people that do the Administrative Reviews at the hearing level. And I was informed that they are non-City contractors.