handicapped parking ticket- do I have a case?

[cwahl]

I want to start this thread by owning up to the fact that.. yes I did park in a handicapped spot and because of this.. the Scottsdale PD officer that gave me the ticket did so according to code... My question is though should I argue to at least try to get the 379 dollar fine reduced due to the reason I did park there?

The apt. complex I live in has been being re-surfaced 25% at a time day-by-day. I have a covered spot and wasn't affected the first 3 days as I had my spot. On Friday it was my parking places turn and that evening when I got home at 11pm I noticed there was no uncovered parking at all. I cruised through every building's parking area and every uncovered spot was taken. People were parked even in the car wash bay, in front of the trash cans, motorcycles on sidewalks, let's just say it was the mess that it had been the previous 3 nights and I was lucky enough to be able to avoid it then. We are also stuck parking in our complex as the complex next to us will tow and Scottsdale PD doesn't allow parking on the surrounding city streets...

Long story short.. the last 3 spots I found at 11 at night were handicapped parking spots. 3 of them spaced 5 spots apart. I took one thinking in the back of my head... no way I can get towed for this and if Scottsdale PD knew what was going on in this complex they wouldn’t take the freebies... at 530 AM when I got in my car to go to work I found my 379 ticket issued at 2:30 AM. I also noticed that the other 2 handicapped spots were empty but I did see tickets on pretty much every parking violation I had witnessed the night before. All I could get from my apt. office is a letter to take with me when I get to court and a "I wish they wouldn't take advantage of these opportunities when they see we have lots taken down" statement from the apt. manager.

Do you think with a letter I could get this fine at least reduced? I mean I admit I'm guilty but I'm looking for a break given the situation.

[caliguy]

Won't hold up cause your not handicap, or are you?

[Captain Awesome]

Maybe you should get together with all the other people who got tickets and go in together to try and get thetickets overturned?

[Deki]

If the sign was clearly marked and posted per the city code, I highly doubt it. Plus, the way you make it sound, there was parking spots available, just not covered. That's a pretty hefty fine. Scottsdale don't mess around...

[cwahl]

If I was handicapped this wouldnt be an issue.

They gave us each inidividual court dates so that doesnt work.

And There were no Uncovered spots available EXCEPT the handicapped spots.. There were Covered but that could result in my car being towed... Visitors have to park in uncovered spots too...

[InfernoSS454]

It's worth a shot and judges usually will work with u. And I believe he wud help u out if he knew ur situation.

[Deki]

Originally Posted by cwahl

If I was handicapped this wouldnt be an issue.

They gave us each inidividual court dates so that doesnt work.

And There were no Uncovered spots available EXCEPT the handicapped spots.. There were Covered but that could result in my car being towed... Visitors have to park in uncovered spots too...

I would go talk to your apartment complex about that. Since you pay rent there, and you are assigned a spot, you technically pay for that spot. If your spot is not available, where are you supposed to park? Also, the complex is full of shit when they say they don't want that stuff enforced. They call the non emergency number for SPD to come out, SPD won't do a routine check of a complex on their own. I guarantee you if you do a public records request on the unit that was out there that night to see if they were on a call or just doing their own enforcement that someone placed a call for them to come out.

[powerslave]

Yeah, it's worth trying. You may get it at least reduced if plead your case for 5 minutes or write a letter. I don't know how your finances are but a possible 200 or 400 bucks, it's really worth a few minutes effort. A friend of mine got his reduced to half due to weather, he argued that he couldn't see the sign (was only painted in the ground). It was 400+20 and they ended up charging him 200+20

[AzItaliaSS]

I would attempt to reach the others who received tickets, have all sign a notarized statement with all of there information proving they live there, have the statement state the apartment complex failed to provide alternative parking for lease tenants affected during the night of such and such, and violated there own contract agreement which should state you are assigned parking position for the term of your lease. I would then provide such letter to your apartment ownership company with proposition to sue in civil court for all of your court fees that could be possibly imposed on you all when you go to court. This should generate a response in writing(hopefully) from the apartment management/ownership company which should have some level of admitance or reference of why there was no parking, you can then use that response for the judge to show that you were all put into a precarious position due to the negligence of your apartment company. If a judge starts to see the same letter over and over again he will get the picture and either throw out the tickets or subpoena the apt ownership to show cause for the actions.
It is worth a try and not to mention it is private property so they can held responsible civily.
Just my suggestion...

[Caspers2SSRS]

Take the letter from the apt management and ask the apt manger go speak on your behalf and in your defense. If they refuse, in due process you may have them ordered there.............Make sure the letter is on the apt complexes official letterhead and describes in detail the paving events going on there the evening you received the citation. The property is private and not pubic....and therefore it behoaves me to believe that the PD would casually show up at 2:30 in the morning to write parking citations. The apt manager should have contacted the authorities who would be patroling the complex before the paving project began and informed them to forgo writting citations until it was completed, they do bare some responsibility in helping you clear this matter up........I would demand it. This clearly isn't a simple case of blatent or wanton disregard of law, signage or the rights of the handicapped on your part. Its mismanagement of a perfectly avoidable situation by your landlord................ and stop telling yourself you're guilty. You've yet to be proven so...................

[AzItaliaSS]

one more thing, you could also argue that since they failed to provide adequete parking for the number of assigned tenants,(which caused you all to park all over the place) they are also in violation of the local fire ordinance as they created a hazard by having too many cars assigned and not enough designated spaces.

[Wantconvertible]

I would try,I parked in a HC for 2 min and got a ticket ,I told the judge my car broke down and I thought it was safer to push it in the spot ,rather than leaving it in the middle of the lot ,He looked at me and shook his head ,smiled and said dont do it again ,dismissed ,
Well I dont think it will ever work again ,so I never for any reason park in hc.cant afford it well and its just wrong

[SSmoothie]

Send a bill to your apt manager for $379. For not having your parking space available.

[90503]

Originally Posted by SSmoothie

Send a bill to your apt manager for $379. For not having your parking space available.

Might want to take some pics, while you have the chance...just a thought, handicapped tickets I believe may be more than just a fine...
it may be considered like a moving violation or something similar as far as the dmv or insurance goes...not sure...might be worth looking into if you're thinking of just paying it.