Post by LizPost by happy_roosterIt really all depends, I mean it depends on who is the adjudicator.
There was a time I parked at Locust street right behind the Jefferson
hospital. As far as I know, you don't have to feed parking meters
on Sunday. But not for the spot I parked which required me to feed
meters even on a Sunday. However, the sign to inform this was completely
defaced. There were black paints on the sign that no one could decipher
what was written on it. Naturally, when I came back, I found a parking
ticket on my windshield. I took some pictures to show the sign was defaced
and filed a complaint. At the hearing when I showed the pictures, the
adjudicator denied their validities. He said that I should have check all
the signs in the area rather than just the sign where my car was parked.
(tell me, how many people would do that?) Of course, I was furious. I
filed
an appeal together with my evidence but was rejected without my presence.
They told me that I would hire a lawyer to file a complaint at the Court of
Common Pleas. Of course, I would rather pay a $25 fine than to spend $500
to hire a lawyer to file a complaint. PPA won in this case.
Now, I mean it all depends on the adjudcator. I got off in some cases with
a lot more fuzzy evidence and sometimes even no evidence. That time I
believed
I had the strongest evidence and I lost the case.
Interesting, and although I can see the adjudicator's side of the case I
think he should have cut you some slack. Our case was different from yours,
however. We were parked at a sign with overlapping times, i.e., "Valet
parking only Mon thru Sun., 5:00 p.m. until 3:00 a.m.," and then right under
that in larger print, "Meter Parking Mon. thru Sun., 8:00 a.m. til 8:00
p.m." The adjudicator we had agreed with us that the bottom part of the
sign negated the upper part and ruled in our favor.
Very much completely up to the discretion of the adjudicator.
The statement can be construed as no contradiction whatever.
The legalese of the sign can mean: meter parking is enforced
8:00AM - 8:00PM all the time. But during the period from 5:00PM
to 3:00AM, those parking spots are completely reserved for
valet parking. During those hours between 5:00PM to 8:00PM,
only valet parking can use those spots. And even valet parking
has to feed the parking meters during those three hours. If
you came across an adjudicator with such a interpretation of
the signage, there is no way you can get off the hook.
Now in the ordinary court of law, we are presumed innocent unless
we are found guilty. Because of the ambiguity of wording and in my
case, the sign got defaced, we should be exonerated. But not the
case in a parking hearing or in the IRS tax court. We are presumed
guilty unless we prove ourselves to be innocent. The burden of proof
is on us.
Post by LizBut her opinion might
have been influenced by the fact that we were pleasant, polite, and
reasonable seniors (both 62), and maybe her lunch was particularly good that
day and we were very lucky. <G>
Very very much so. If you are in rapport with the adjudicator,
many times they will just let you go. I remember one time I was
in a hearing, the adjudicator and I started a little chitchat
before starting the case and and his actual cassette recording.
He noticed that I was from his ward and was encouraging me
to participate in a political activity he was organizing. You
know what. I got exonerated.
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