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Drivers hit with $85 fine after being caught out by parking loophole – they legally paid but were still charged extra

DRIVERS are being warned they risk fines of $85 if they try to exploit a little-known loophole in a major US city’s parking system.

Car owners who legally pay for parking through a meter or app are still getting fined when they exceed the maximum time limit for that spot – even if they try to pay for more time.

A parking ticket tucked under a car's windshield wiper.
NBC/San Diego

Drivers risk getting fines on their windshield if they try to exploit a little-known loophole in San Diego’s parking system[/caption]

A "No Parking" sign with "Tow Away" and a graphic of a tow truck, specifies "DURING PETCO PARK EVENTS" with dates and times below.
NBC/San Diego

Signage in the area has also been criticized for being confusing, often leading to motorists getting unexpected fines[/caption]

White SUV parked next to a parking meter in San Diego.
NBC/San Diego

Authorities say feeding the meter to buy extra time may be a waste of money, because it can still result in receiving an $85 parking ticket[/caption]

According to NBC, motorists in San Diego, California, have been getting sneaky by paying for extra time to try to avoid fines.

But authorities say feeding the meter to buy extra time may be a waste of money, because it can still result in receiving an $85 parking ticket.

In one instance, a driver was hit with a fine for exceeding their two-hour time limit in a space – despite using the app to pay for another two hours.

A city of San Diego spokesperson said: “Continuing to pay the meter beyond the max stay limit does not make it legally parked.”

Another driver, Oscar Ortiz, was hit with a similar issue when parking in Little Italy.

“I went up to get my stuff and they got me, I guess,” said Ortiz, who had been ticketed after a parking enforcement officer chalked his tires at 9:10am, with the ticket issued at 12:03 pm.

Ortiz, though, was not in a metered parking spot and said he was confused by the signage on the street.

Signage was recently criticized by a San Diego County Grand Jury in a report, suggesting the city should “improve and standardize signage related to metered public parking.”

Signage was found to be especially confusing in areas surrounding Petco Park – where there is no parking on days when the Padres have home games.

More parking meters and higher rates for those meters was also recommended.


In San Diego, the top rate for a parking meter is $2.50 per hour.

“Dynamic parking” was another recommendation, which would extend parking hours and turn free lots into lots that charge a fee.

The city council will address proposed changes in June.

HOLIDAY RULES

Indeed, parking law crackdowns are sweeping the nation, with metropolitan motorists clinging to the idea that they can park beside fire hydrants under certain conditions.

However, this isn’t actually the case, and could result in drivers paying $115 fines that could’ve easily been avoided.

In observance of the Rosh Hashanah holiday this week, New York City elected to suspend Alternate Side Parking rules on Tuesday and Wednesday.

While some have taken this to mean all parking rules on Alternate Side Parking streets have been suspended, such as those concerning fire hydrants, this isn’t the case.

Those Alternate Side Parking areas which have fire hydrants will still have the 15-foot hydrant parking rule in effect.

Some drivers were also under the impression that painted curbs at certain hydrant locations indicated that it was permissible to park next to them, but this is not the case.

The only law drivers must account for when parking near a fire hydrant is staying 15 feet away or more from the hydrant.

This is intended to allow fire trucks to both be able to access the fire hydrant and keep the street open for other traffic to go by when possible.

Drivers who park within 15 feet of any fire hydrant will be slapped with a $115 fine, which does not increase for repeat offenders.

There are no additional punishments for repeat offenders, such as having their cars towed by the city.

How to fight a parking ticket

You can avoid being ticketed by following all posted laws and ordinances, but sometimes mistakes are made

Like any form of citation, parking tickets are preventable by reading and obeying posted signage. However, when visiting a new city, or state, or in a hurry, things can be missed and mistakes are made.

Suddenly there’s a ticket you weren’t prepared to pay for. If the ticket is a surprise to you, there are a few things you can do to help your case when appealing a parking ticket.

  • Carefully read the ticket. Look for errors like incorrect street names, license plate numbers, vehicle make and model, time and date, etc. Errors would then make the ticket invalid.
  • Take photos. Of the vehicle in the parking space, lack of signage, or other vehicles that weren’t cited for performing the same parking job. If the ticket involves parking too close to something like a fire hydrant, a photo showing a reasonable distance would help your case. Make sure metadata with the time and date are accessible. Signs that are obstructed by trees, or are on bent posts, or aren’t “obvious” are great things to photograph, too.
  • Make sure the statute that was violated is listed on the ticket. If not listed, the ticket is not valid.
  • Promptly follow the appeal instructions on the ticket. All legitimate tickets will have directions for appeal. Waiting until the very last moment weakens your argument and can result in late fees.
  • When in court, avoid these phrases as they reduce your credibility and weaken your argument: I didn’t know the law; I was on my way to move my car; I can’t afford this ticket; I’ve been doing this for years; or I checked with the parking officer, who said it was OK.
  • Contact a lawyer. If you’re running into roadblocks and feel stuck, it may be best to reach out to a traffic lawyer in your area. Many have free case consultations.

Source: Reader’s Digest

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