11
votes
Accepted
On what type of area, land or territory can you abandon your vehicle in California without providing a right to anyone to get your vehicle towed?
None.
Putting something on a piece of land long term and prohibiting anyone to move it is effectively occupying that piece of land.
You only can occupy land that you either have legal rights to, or ...
- 25.6k
11
votes
Could I get the money I paid to park back?
No. A ruling denying your appeal would imply a ruling that your evidence was not credible and that they concluded that you hadn't paid for the parking time, or that the time you had paid for had ...
- 194k
10
votes
Accepted
Parking Ticket while parked in our driveway
I'm assuming you are talking about something like this
You didn't specify where you live, but in many places it is illegal to block the sidewalk with a car. I just looked up my local ordinances and ...
- 429
10
votes
What is the legal definition of at the entrance (parking sign law)
Because the ordinance does not say "and from each entrance", it cannot be interpreted to mean that the signs must both be visible and readable anywhere in the area as well as being visible ...
- 210k
9
votes
Accepted
What is the legal definition of at the entrance (parking sign law)
The answer is in the text:
[...] unless such parking area is posted with signs [...] which are clearly visible and readable [...] and at each entrance thereto.
I read this as an inclusive and: it ...
- 33.4k
8
votes
Parking Ticket while parked in our driveway
Where I live, the way I use the word 'driveway', my driveway is on my land. Then there is the sidewalk ('footpath' here). Then there is a ramp which goes down onto the road, also called a 'crossover'.
...
- 4,304
8
votes
What is the legal definition of at the entrance (parking sign law)
Your question seems to be whether it's
posted with signs as prescribed by this Section which are (clearly visible and readable from any point within the parking area) and (at each entrance thereto).
...
- 5,509
7
votes
Accepted
Landlord renting parking space he doesn't own - UK
As Paul Johnson says, this is a planning permission thing. The parking places your landlord has leased you are real; they exist. They just don't have planning permission for all of them.
It's no ...
7
votes
Overriding offered contract acceptance methods with express written declaration
The offeror has stipulated that acceptance is to be by conduct
As explained in another answer, given that the offeror has stipulated that parking in the lot will constitute acceptance, and given that ...
- 43.1k
6
votes
Liability from attaching a note with tape to an improperly parked car?
You have the right to notify the owner of the car of their vehicular trespass and the consequences of that. You do not have the right to damage the car in giving said notice. You have the right to ...
- 210k
6
votes
Do Texas municipalities have to go to small claims court to collect on their civil fines?
Texas law on parking offenses is Ch. 682 of the Transportation code. After you work through the sections on creating ordinances and having a hearing, we get to enforcement in §682.010 – you have been ...
- 210k
5
votes
Is laches an applicable defense for a debt that was never contractually agreed upon in writing?
The equitable defense of laches is not applied the same way in every jurisdiction. Some jurisdictions apply it only to equitable claims. Others also apply it to claims arising in law or by statute.
A ...
- 194k
4
votes
Is Ambush by New Parking Sign legal unless prohibited?
In general, you don’t need an alternative defence. It is inherent in the common law that, unless the statute is explicitly retroactive (and legislators are reluctant to go there) it cannot make ...
- 198k
4
votes
Accepted
skateboard riding at mall parking lot
There is no general rule about ownership: one parking lot I know is owned by the city, another is owned by the company that operates the mall, and in a third case it is owned by a third party who ...
- 210k
4
votes
Accepted
Argument related to handicap parking spots in a business
No, even if not used, they are explicitly required by federal law!
The History of handicapped parking started in the 60s. In the late 1960s, Title VIII of the Civil Rights Act banned discrimination ...
- 33.4k
4
votes
Accepted
Could I get the money I paid to park back?
No. To claim a refund of the parking fees, you would need to claim you actually paid them. The moment that is proven, the citation becomes invalid and unenforceable.
There is no use-case where both ...
4
votes
Is laches an applicable defense for a debt that was never contractually agreed upon in writing?
Laches
Laches is an equitable defense. It therefore depends on there having been an unreasonable delay, which harmed the party asserting the defense. What is reasonable is determined by the court in ...
- 113k
4
votes
Vehicle owners not required to prove towing company negligence in Texas
What does this mean?
It means that proof of a violation of the statute is sufficient even if it wouldn't support a common law claim for negligence.
If, for example, the owner claims that the towing ...
- 194k
4
votes
Elevators in Apt Bldg Reserved for Move-In/Out - ADA Violation?
Possibly
I skimmed through my copy of the 2010 ADA to try and glean this answer, but there's a few things that are making it difficult to definitively determine.
The most pertinent thing is the ...
- 2,154
4
votes
Accepted
Is one witness all that's needed to prove a civil case?
There is no rule the prevents someone from proving a case with one witness and many cases are proven that way (especially in simple debt collection cases and in factually simple criminal cases).
Of ...
- 194k
3
votes
Illegal entrance into my car?
The booklet from the condominium management could legally be seen as a part of the lease, and you should have been aware cars can be towed without notice, and have in fact agreed to that by living ...
- 18.8k
3
votes
Accepted
Are parking lots allowed to ticket for a higher price than listed
Technically the signage implied an agreement, and allowed you to infer one.
But yes, I think that management could not legally insist on more than the posted price, whether for a lost ticket, or for ...
- 113k
3
votes
Do I have grounds for contesting this parking ticket
In all honesty, this completely depends on the judge you happen to get that will hear your case. There's no straight-forward "yes this will work" or "no this won't work" answer in a case like this. ...
- 4,285
3
votes
Accepted
Would a parking policy which is not posted be contestable in court?
This an instance of the general rule ignorantia legis neminem excusat: ignorance of the law is no excuse. If the municipal ordinances state that a particular place does not allow parking at certain ...
- 210k
3
votes
What are the chances I get a ticket?
Close to zero. The police typically don't dole out traffic or parking tickets for infractions they haven't personally witnessed.
- 57.2k
3
votes
Faulty/incorrect Parking Charge Notice (PCN)?: showing only evidence of entry and exit (for a 'pay and display' car park)
You are right, the entry and exit photos are only evidence that you were there. This is something they need to prove so the photos may only be for that.
Their statement that you didn’t display a ...
- 198k
3
votes
What is the legal definition of at the entrance (parking sign law)
There are multiple methods of reading legal texts. A literal approach is common, but not always the most effective. This can be seen by the 3 previous answers, which all took a textual approach, but ...
- 5,508
Only top scored, non community-wiki answers of a minimum length are eligible