handicapped parking ticket- do I have a case?

[affguy]

Originally Posted by 90503

I respectfully have to disagree on one point...there are always newstories from time to time here in cal about a citation being issued to someone who drives a handicapped person, parks in the h-cap spot, and waits for them. They do get cited!...It sounds pretty petty, but its true, unfortunately.

I'm trying to think of how the non-handicapped person who waits in a handicapped slot rationalizes that. I mean, every single slot in the entire parking lot is as good for waiting as any other, so why would he take one of the few handicapped slots?

[90503]

Originally Posted by affguy

I'm trying to think of how the non-handicapped person who waits in a handicapped slot rationalizes that. I mean, every single slot in the entire parking lot is as good for waiting as any other, so why would he take one of the few handicapped slots?

The abuse of those spots is what gives them a bad rap to some...They are probably mis-used by the able-bodied than used correctly by those who truly have the right to. It's a never ending game here...

My understanding, I may be wrong, is that here in cal at least, the permit is issued to the driver, and not the car. Some have permanent plates, but it still only applies to the driver. Exceptions would be like for vans/transports specifically designed for the handicapped. It does not allow for friends or relatives to be the driver and use the spot. In the case of the blind, for instance, they would not be allowed to drive anyway, therefore, no permit.

I apologize if my statements are incorrect or inaccurate, but I believe its more complicated than what one would think.

[ravensjeff]

Originally Posted by 90503

I respectfully have to disagree on one point...there are always newstories from time to time here in cal about a citation being issued to someone who drives a handicapped person, parks in the h-cap spot, and waits for them. They do get cited!...It sounds pretty petty, but its true, unfortunately.

I am well aware that h-capped folks have nice cars...absolutely nothing wrong with that...
Sometimes, however, its pretty obvious that the system is abused by some with petty "work" injuries, have a temp sticker, for the duration of their therapy on a little finger or whatever...
No one should be upset over the legitimate use of those spaces. They serve a great purpose.

I think you mis-understood my reply; I agree with you that he should not park in a handicap spot and wait for me to come out. But when he takes me in to the doctor's in a wheel chair, he would park there.

I really don't know what the law is in regards to if he could actually wait in the handicap spot for me. We've just never did it; and wouldn't. Seems like a ticketable offense (Primarily because I'm not there with the permit/registration for the placard).

I've actually not parked in a handicap spot when I sometimes leave the placard in another car that I'm not in.

[jeturner6221]

If your not handicap and forgot to put your placard in the window, then your guilty. You can take your chances with the judge. It could be a good day or it could be a bad day for him.

[mikeyroche]

You parked in handicapped spot, you should have to pay. However try to get the apartment complex to pay for it. They can work on the lot, but they still need to provide parking do they not?

[DS1937]

Don't park in a handicap spot, end of story! No excuses, pay your fine and learn your lesson. If you were handicapped and had to walk 400-500 feet to get to your apartment, you would understand why you got the ticket.

[hightower]

I hope the judge works with you. Good luck!

[upflying]

Originally Posted by hightower

I hope the judge works with you. Good luck!

Judges do not handle parking tickets.
To contest a parking ticket, you contact the processing center that collects the fines.
Write a letter explaining you case and wait for a reply.

[KnuckleBuster]

Originally Posted by WheelmanSS

Cool story, bro.

Again. A cop saw someone in a clearly marked, handicap spot. That = ticket. If the lot was being resurfaced or altered or got hit by a meteor, it is up to the ownership of the lot to designate alternative parking. And in order to meet regulations, a certain amount of handicap spots have to be allocated.

I'm sure this resurfacing was not done by surprise overnight. Plan accordingly.

I lived in an apartment where the lot was resurfaced. I had to park almost a mile away to find an appropriate space. Welcome to life.

Bingo!!! . I think this pretty much sums it up. are

[Soloshawn]

Until you walk or roll in someone else's shoes, or lack of them you can't comment on what a disabled person needs or doesn't need. There are visible and non visible disabled people. Wheelchairs are very visible. MS, cancer, cystic fibrosis, lung problems and anything else can be a non visible disability. Unless you are a Doctor you cannot tell. And yes I have seen people who cheat the system and park in spots with cards who are clearly not disabled as they jog into a store. And I have seen multiple people who are able bodied park in spots because it is convenient to them to get a cup of coffee or fruit drink. The people who complain about it are the ones who feel that they are being cheated out of something because they are not getting something in return. Remember that it was Senator Bob Dole a Republican who set the ADA in motion because he was disabled serving in WWII. There is no empathy left in the world where people can see past there own personal needs. The disabled just ask for the same access as everyone else. Every disabled person is different because of their own injuries and you cannot paint them all the same. Argue with me on this point if you wish.

[KJS]

If you're not handicapped and you parked where you shouldn't have parked, then you broke the law.
Case closed, Judge Judy has ruled. Next case....

[cmb74656]

What really annoys me are the ones who drive around with the placard hanging from the mirror when it says not to right on it.

[Jrichards73]

If there is no parking on the property … or all parking is reserved for residents, then there is no "public" parking and the ADA does not apply to parking on that property. If there is prospective resident or guest parking on-site, the ADA applies and there must be a blue-striped space with the blue wheelchair sign designated for the use of persons with disability placards or license plates. (i.e the club house, pool, etc.) The ADA requires at least one designated handicap space for every 25 parking spaces in PUBLIC parking.

[Soloshawn]

From the government:
In cases where the areas in question are not open to the public, the general rule is that the ADA does not apply. For example, where access to a parking area is strictly limited to residents, the ADA does not generally apply.2 Sometimes this distinction is not easy to make. For this reason apartment owners and managers should consult with a compliance expert to review their property and, at a minimum, be familiar with the resource tools available.

You do need disabled parking at the office if it is on the grounds of the apartment building. Otherwise you do not except possible in California which has tighter restrictions. Apartment building owners are free to put up signs and have them enforced at their parking spaces to encourage people with disabilities (20% of the total population) to live there which many owners are doing to have full buildings. Especially brand new buildings which are easy to change to ADA standard vs older buildings that have to be retro fitted. So he is nailed because the owner voluntarily put the sign up and the law enforced the sign.