How can I cost effectively fight a no parking ticket if there was no proper signage?
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How can I cost effectively fight a no parking ticket if there was no proper signage?
My lease reads, “Between the hours of midnight to 6 AM, only residents with a valid parking permit are permitted to park within the community marked spaces. All others and residents in non-marked spaces or illegally parked will be towed a the owner’s expense without prior notice”. Daughter parked car Friday evening at 8 PM in a handicap spot since there were no other options available in lot. The 2 handicap spots are usually vacant. Only signage up was a R7-8, not R7-8F or other signage advising of fines and towing for parking there. Incurred tow and ticket fees totaling $475. How can I not pay this ticket and get reimbursed for the towing since proper signage was not posted.
Asked on April 26, 2011 under Real Estate Law, Pennsylvania
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, your daughter's car was ticketed and most likely because she was parked in a handicapped spot. It makes no difference if the signage was not there; she knowingly parked in a spot not meant for her. It further makes no difference to the court that the handicap spots are usually vacant. The fact remains it is a higher and more statewide policy to ensure that certain spots closer to buildings (both commercial and residential) do remain open for anyone (resident or otherwise) to use. You can certainly argue it in court if you choose to fight it, and take pictures of the signage but it may be a losing argument. You never know; the judge may find it a good enough argument to at least lower the ticket amount. However, you probably won't be reimbursed the tow fees.
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