Hot answers tagged

11

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 that encounters no objection from those who has (adverse possession). In the latter case, it's not that you don't "provide them right to tow", rather ...


11

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 expired when the ticket was given (e.g. because either the meter or the parking ticket printer hadn't updated to daylight savings time).


10

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 it is there. In fact, it is your driveway, but often the land up to and including the sidewalk is considered part of a public easement. Typically you are ...


10

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 and readable from the entrance. The use of distinct prepositions in the conjuncts means that the notice requirement can be satisfied by different signs: it's not ...


9

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 needs to be both readable and also at each entrance, but it can be a different sign from those visible at each spot of the place.


8

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). or parking area is posted with signs as prescribed by this Section which are clearly visible and readable from (any point within the parking area and at each ...


7

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'. The sidewalk and the ramp/crossover are not yours. They belong to a public authority such as the city or the local council. Therefore you are unlikely to have ...


7

According to 11.72.240 of the Seattle Municipal Code, entitled Moving vehicle to avoid time limit: No person shall move and repark a vehicle on either side of a street within the same block in order to avoid a parking time limit regulation specified for either side of the street in that particular block.


6

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 offer to clean the gum off whatever part of the car you stuck the notice to. If you succeed in cleaning it,the other party will not have a legal cause of action, ...


6

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 different to if the landlord got planning permission for a building of four flats, and built a block of six flats. Building those two additional flats would ...


6

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 ordered, at the hearing, to pay a fine. Enforcement can be by (1) impounding the vehicle if the offender has committed three or more vehicle parking or ...


4

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 doesn't operate the mall. Either way, the owner of the parking lot has the property right to limit how it is used, and their agents (security guards, for example) ...


3

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 there. The fact that the tow company entered your car really isn't relevant; they are tasked with removing the car, and by law, they must do everything they can ...


3

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 a particular duration. (Unless the sign included "prices subject to change without notice" or something of the sort.) As a practical matter, challenge this ...


3

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 times, then if you park there you have violated the law and will get ticketed. There is no requirement that there be signs prominently posted saying that you must ...


3

Close to zero. The police typically don't dole out traffic or parking tickets for infractions they haven't personally witnessed.


3

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 valid ticket/permit is, at present an unevidenced assertion. If you contest this, they will provide evidence that you didn’t (e.g. the actual records they refer to) ...


3

If you began the lease with no mention of additional payment specifically for parking, and were of the understanding that you could use the property to park cars, and have been using the property to park cars with the knowledge of the landlord, and the landlord has not previously mentioned parking as a distinct part of your lease that carries a fee, you have ...


3

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 illegal that which was at the time of the act, legal. For example, assume the old sign had unlimited and the new sign reduces this to 2 hours. If you parked before ...


3

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. But a couple things to keep in mind: The fact that he was from out of town doesn't matter. If signs were displayed, then he has to obey the signs. Your argument ...


3

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 came to different conclusions. Indeed, the text is literally ambiguous. Another common approach is to read the text in order to discover the intent of the ...


3

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 against disabilities and then the Amaricans with Disabilities Act entered Congress in 1988. It passed as law in 1990 and included section 4.6 Parking and ...


3

Yes, in Florida Florida Statutes Title XL Section 715.07 provides: (2) The owner or lessee of real property, or any person authorized by the owner or lessee, which person may be the designated representative of the condominium association if the real property is a condominium, may cause any vehicle or vessel parked on such property without her or his ...


3

This is likely to be a matter of policy rather than law That is, it’s not likely there is a law prohibiting it but it is highly likely that the person’s training and their employer’s policy on the matter is that they must complete a ticket once they start it. It’s a pretty universal anti-corruption measure - it prevents the situation where they are writing ...


3

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 your parking payment and the citation are valid. Note that there are several scams which may apply here. First is a third party scam where the ticket is ...


2

You can contest a parking ticket if you have a legal basis, and they even provide a form. Some streets require resident parking permits, and for some you have to know where to look it up. There are also streets adjacent to the university where the university regulates parking permits. Finally, there is a general "parking in one spot too long" ordinance. So ...


2

Don't worry about it: you don't have to. Just because someone says you owe them money doesn't mean that you do. The onus is on them to prove it on the balance of probabilities, either to your satisfaction or in court. Write to them stating you are the owner of lot X and the parking spot is part of that lot. Ask them to state the legal basis for their ...


2

Florida law Chapter 715 says (excess verbiage deleted or paraphrased) The owner ... of real property... may cause any vehicle... parked on such property without ... permission to be removed by a (towing company) without liability for the costs ...under any of the following circumstances: (conditions on the towing yard: must be nearby and open for ...


2

There are limits to the principle of ignorantia legis neminem excusat (ignorance of the law is no excuse). Secret law is unjust law. In the US, law must be sufficiently clear and specific or it will be held to be unconstitutional for vagueness as a violation of Due process under the 5th or 14th amendments to the US Federal constitution. As the SCOTUS ...


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