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Thread: So I get a ticket for parking in a handicapped.

  1. #31
    Senior Member
    Join Date
    Jun 2009
    Posts
    10,871
    If the property owner removed the handicapped spot on his own without getting it approved my guess is you are screwed. You can't just change the plot plan of a property with regards to ADA issues (handicapped parking and a jillion other things) without planning dept. approval and be legal. So if that's the case (parking in an illegally removed handicapped space) my guess is you'll have trouble beating it.

  2. #32
    chub
    The problem is it is right in front of my business door. We took the sign down a long time ago, it is only painted on the ground. It is not going to be a handicapped spot, we just havent taken the paint off the spot.
    Do I have a chance of winning this?
    Pay up sucka, I need that space. Merry Christmas!

  3. #33
    v-drive
    If the property owner removed the handicapped spot on his own without getting it approved my guess is you are screwed. You can't just change the plot plan of a property with regards to ADA issues (handicapped parking and a jillion other things) without planning dept. approval and be legal. So if that's the case (parking in an illegally removed handicapped space) my guess is you'll have trouble beating it.
    Sorry Don,My wife is vp at a property management company and she just confirmed what Mike is saying. Also, The last time she knew of it happening the fine was over $250 :cry: v-drive

  4. #34
    hoolign
    The problem is it is right in front of my business door. We took the sign down a long time ago, it is only painted on the ground. It is not going to be a handicapped spot, we just havent taken the paint off the spot.
    Do I have a chance of winning this?
    plead insanity!

  5. #35
    dmontzsta
    If the property owner took it down, it is on him right? I just parked there.
    This is my new letter, thanks to Kilrtoy.
    Dear Sir or Madam:
    ATTN: Parking Administration - Corona
    I received this parking violation in front of my office door. The spot is not a handicapped spot. There is no sign posted; only the faint paint left on the ground. This is a private business and all of the tenants use this spot. I looked up the statute and it stated “A Handicap spot not on government property has to have both the sign posted and the painted space”. In addition, I am puzzled as to why my car was ticketed; in the stall with no sign. The vehicle was cited for 10.28.050 in error. As per section 25118(A), (1), (2) and (3) none of the requirements were met to withhold the burden of proof. Request that the citation be dismissed in the interest of justice, per 40215(a). I can provide photographs of the site, if needed. Please let me know if you have any other questions.
    Sincerely,

  6. #36
    BadKachina
    If the property owner took it down, it is on him right? I just parked there.
    This is my new letter, thanks to Kilrtoy.
    Dear Sir or Madam:
    ATTN: Parking Administration - Corona
    I received this parking violation in front of my office door. The spot is not a handicapped spot. There is no sign posted; only the faint paint left on the ground. This is a private business and all of the tenants use this spot. I looked up the statute and it stated “A Handicap spot not on government property has to have both the sign posted and the painted space”. In addition, I am puzzled as to why my car was ticketed; in the stall with no sign. The vehicle was cited for 10.28.050 in error. As per section 25118(A), (1), (2) and (3) none of the requirements were met to withhold the burden of proof. Request that the citation be dismissed in the interest of justice, per 40215(a). I can provide photographs of the site, if needed. Please let me know if you have any other questions.
    Sincerely,
    Much better.

  7. #37
    Senior Member
    Join Date
    Jun 2009
    Posts
    10,871
    If the property owner took it down, it is on him right? I just parked there. ,
    Probably only if you can convince him to pay your fine for you. :rollside:
    He will probably have his own ADA issue to deal with once the city discovers an unapproved change which undoubtedly your letter may trigger.

  8. #38
    Schiada76
    I dont own the actual building. The owner of the building told us since there is a lack of parking, he was having the paint sandblasted off the ground and he already pulled the sign out.
    You can get off (the ticket that is) but the building owner can't remove any of the signage according to the fawking ADA. The dumbest fcking law to come out of congress ever.
    He could easily be sued by any asshat in a wheelchair too.
    There's a guy here in the SFV that makes his living doing just that. He dove into shallow water, broke his neck and is a parapalegic. Now he goes around looking for people to extort money from and has put a lot of people out of business or gotten paid off. :yuk: He needs to be rolled into traffic.

  9. #39
    SummitKarl
    I dont own the actual building. The owner of the building told us since there is a lack of parking, he was having the paint sandblasted off the ground and he already pulled the sign out.
    oh this could get sticky....
    my first thought is that the building had no more Handicap spots then the min. required. he can change his count of spots by changing the occupancy level of the units. via a tenant improvement plan.
    in the end the owner would have been responsible for the sign, and you want to bet, the ticket that cop wrote wasn't the only one, I bet the owner is going to get a notice from your city, ask the owner if he put in a Tenant Improvement plan. if he hasn't, I think he might have some liability in the issue, but it's going to be pretty hard to deny if you knew it actually was a handicap spot (unless it's your first day). or worse if your paying the rent and try to hit him (land lord) up for the cost of ticket.
    unless someone has a sure fire cure all I see is a no win situation

  10. #40
    Jeanyus
    1.Get a note from a Docter for a temporary handicap permit, case closed.
    2. Print some of your posts from HB bring them to DMV as proof that you are handicapped.
    3. get a shrink to say you are insane. :rollside:

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