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Fighting a Losing Battle?
updated: Oct 30, 2012, 10:42 AM

By Edhat Subscriber

I live on the Upper East Side right by Roosevelt School. This morning I received a $78 ticket on my car this morning saying I didn't have a 2013 tab on my rear license plate even though I had one on there. Visible and plain as day. I just bought the car last month and the plates and tags are brand new and in order. Now I have an option to either pay a fix it fee of $25 or to contest the fine and risk paying $78. Of course the judge is going to believe the officer who gave me the ticket as it comes down to he said/she said. This seems like a racket from the city to make money. Has anybody has this happen to them? Do I have any course of action besides contesting the ticket and possibly losing?

Comments in order of when they were received | (reverse order)

COMMENT 337095P	2012-10-30 10:59 AM
Surely you have dated documentation of having purchased it. The DMV will have records - just visit them and ask them to provide verification documentation that it had been purchased.
COMMENT 337097	2012-10-30 11:04 AM
I didn't have this exact thing happen, but I did receive a ticket during the one month leeway you have to put your new sticker on. My sticker was for July, and during the first week of August I received a ticket for expired registration. When I took it in and said that I was within the window leeway, they still made me pay a processing fee that was $15-20 even though they had no right to give me a ticket. This happened to me a few years ago so I don't remember all the details, but I was pretty pissed. Best of luck to you!
COMMENT 337098	2012-10-30 11:04 AM
You can call the on duty supervisor. *Sometimes* you can get a reversal without all the rigor of court. I had a friend who actually was successful this way.
COMMENT 337099	2012-10-30 11:08 AM
Take a picture of the ticket above the license plate so that you have today's date. Might help when you go to court.
COMMENT 337104	2012-10-30 11:11 AM
I would try to track down a meter maid and discuss it with them to get this figured out.
COMMENT 337106	2012-10-30 11:12 AM
I've had those stolen before. Now I always use a razor blade to slice it a few times once it's been applied to my license plate.
COMMENT 337110	2012-10-30 11:19 AM
I wouldn't pay them a dime. If you had it on the car and can prove it, the ticket should be dismissed--- pay a processing fee, for their mistake?, I don't think so.
COMMENT 337111	2012-10-30 11:19 AM
If it was one of the City Parking people, they have video cameras on their vehicles I am almost positive. Call the appropriate supervisor and they WILL investigate it, mistakes happen and they will make it right!
COMMENT 337116	2012-10-30 11:24 AM
The other thing I see a lot is that the month sticker is almost illegible because it is faded or damaged in some way. I've always wondered if people get tickets for that because it is almost impossible to see the month unless you are only 2 ft away.
COMMENT 337117	2012-10-30 11:25 AM
105 - Just because you live in Santa Barbara doesn't mean you "can afford" erroneous fees doled out for no reason. In fact, a lot of us who live in Santa Barbara don't have any monetary wiggle room for things like this. If an individual pays their registration fees and clearly has the sticker displayed on the vehicle, it is ridiculous to think that they should have to fork over $25 or $78 just because an irresponsible, unobservant or maybe just dishonest parking attendant wrote their license plate number down on a piece of carbon paper. A fee like that could put any regular SB resident under for the month. Not cool.
NATURE BOY	2012-10-30 11:29 AM
Trouble is, you can't prove that the sticker was on the plate. Sad but true, it's their word against yours, and theirs will win.
COMMENT 337122P	2012-10-30 11:29 AM
Take a date stamped photo of ticket and plate, mail it to yourself certified mail today. That should be proof to have the judge dismiss it or follow the advice and get in touch with department supervisor at the city and they may fix it for you. Unfortunately its going to take a few hours of your time either way which will be inconvenient.
COMMENT 337126	2012-10-30 11:30 AM
Fight the fine. The judge will not make you pay $78. The worst case scenario is that the judge will make you pay the $25 fix-it fee. Of course you will have to give up a morning to do this, and if you make $50+ per hour, perhaps it won't be worth it. Always fight every fine, parking or moving violation. The chances of having your fine dismissed are rather high.
COMMENT 337133	2012-10-30 11:45 AM
Nature Boy has it right. It doesn't matter if your registration was paid on time. It doesn't matter if you take a picture now. You have to display the sticker and you cannot now create proof that the sticker was in place at the time the ticket was issued. It's quite plausible that you've had the sticker for months and just forgot to put it on. You can't disprove that unless you've got a dated photo that predates the ticket. OP, you just got scammed. You should fight it on general principle even if it costs more than the fine. It will also cost the city/county enough that they'll lose money on the deal. If enough people do that, they'll reconsider this kind of BS in the future.
COMMENT 337141	2012-10-30 12:09 PM
It is my understanding, from parking enforcement, that the parking enforcement officer (they don't like to be called "meter maids") will take a photo of the violation as proof to justify their citation.
COMMENT 337143	2012-10-30 12:11 PM
Okay, guess my comment got ignored the first time around. NATUREBOY is NOT correct, nor is everyone else saying you have no options. City parking has VIDEO CAMERAS mounted on their vehicles specifically for situations like this. When you call and say "you gave me a ticket for this, but I didn't do this!" all they do is pull up the video. It's not complicated. You're not screwed. JUST CALL THEM.
COMMENT 337151	2012-10-30 12:32 PM
Only some of the enforcement vehicles have the cameras, typically used downtown. The two that I see in my neighborhood every Wednesday and Thursday do not have cameras. But call the supervisor anyway. And call today.
COMMENT 337152	2012-10-30 12:34 PM
The sticker doesn't mean it's registered they ran the plate That 2013 sticker could be from your other car or anywhere. Proof is with the registration paper.
COMMENT 337153P	2012-10-30 12:34 PM
106 is providing very sage advice that I learned years ago while living in San Diego. There are numerous thieves that will gently peel the new stickers off rear plates and either use them or sell them on the black market to their uninsured friends. RAZOR BLADE cuts really put the peelers out of business when it comes to your vehicle. Oh, don't forget to really "thumb nail" that sticker down well.
COMMENT 337160	2012-10-30 12:39 PM
Natureboy IS right in that it's your word against theirs. Howevah, if you take the time to go to court to contest it, you have the fact that you took time out of your life to fight this on principle. Taking that into consideration along with the paid license fee and the registration card that sticker came with will likely get this ticket dismissed without any problem. I think a traffic court judge will see that this was a mistake and I don't think it's a waste of time to contest it. I didn't have this exact thing happen, but I did get a ticket many years ago at 9:15 a.m. in a 90 minute zone that started AT 9. I had arrived about 10 minutes earlier. Imagine my shock at being ticketed for 25 minutes in a 90 min zone. Only 15 mins of which was subject to the law posted. Four others were there with the same issue the day I went to court. Mistake? Mehbe.
NATURE BOY	2012-10-30 12:42 PM
A photo proving that you had a 2013 tag AFTER you received the ticket will do absolutely no good. How could it?
COMMENT 337164	2012-10-30 12:44 PM
Everyone go take a picture of your plate with current tag and mail it (for current postmark) to yourself. That will protect you against this obvious scam for money.
COMMENT 337173	2012-10-30 01:02 PM
@Natureboy - no photo of any tag can prove anything after the fact, it's true. But getting the DMV printout of when it was paid (or providing the registration card the sticker is attached to) would give a judge a good estimate of when the license was renewed. That will also give a good estimate of when the person was in possession of the current tag. It's not "proof" in itself, no. But it's a good logical guess that the person did have the sticker and likely had it on the car, particularly if that person is contesting it and for this reason, I think they have a VERY good chance of having the ticket dismissed. I don't think this person is screwed and they shouldn't take it lying down.
COMMENT 337189	2012-10-30 01:21 PM
What is a tab? Maybe you need a special permit to park near the school.
COMMENT 337199	2012-10-30 01:33 PM
I agree with 143! I was in Ventura during the Summer. I actually parked downtown, and paid the wrong spot. So we got a ticket. I called the Ventura PD, and explained my situation. I showed them proof of paying for the spot over, a bank statement, and they dismissed the case. No fee or anything. Just call them. IT DOESN'T HURT TO CALL THEM!! Explain that you have proof of registration! I work with PD, they will listen to you!
COMMENT 337212	2012-10-30 02:02 PM
Go to the Police Station, there is a form for dismissal of erroneous tickets.. fill it out and see what happens.
COMMENT 337222P	2012-10-30 02:15 PM
All you need to do is go down to the police dept. on Figueroa and show them your sales receipt for the car. Since you just bought it, you must still have something that shows that you paid for your registration at the time you purchased the car. The fees for tax and licensing (i.e. registration) are included in the amount to pay for the car. I don't understand why this needs to be so complicated. From reading the comments, it seems most people don't understand that you bought the car a month ago. Take a picture of your license on the car and bring that along with the sales receipt. They will dismiss the ticket.
COMMENT 337224P	2012-10-30 02:16 PM
Do you work for the Post Office, 164? I know they're bleeding red ink like crazy, and need to sell the heck out of Forever Stamps, but really! I say make sure you register your vehicles in a timely manner, play by the rules, and encourage the darn U.S. Postal Service to cut out Saturday deliveries. Oh, yeah.
COMMENT 337226	2012-10-30 02:23 PM
Is there any chance that someone else got the ticket and put it on your car in hopes that you would just go ahead and pay it? Do your plate numbers match the ones on the ticket?
COMMENT 337230	2012-10-30 02:33 PM
222, you don't seem to get it. The fact that the registration fee was paid is totally irrelevant. The fact that the registration was paid is not proof that the sticker was on the plate. Taking a picture of the plate after the ticket was issued does not prove that the sticker was on the plate before the ticket was issued. I don't know why people keep saying, "Show them you'd already paid" and "Take a picture". Those things prove nothing. The sticker must be on the license plate. Period. The only valid proof would be a picture taken by the meter maid at the time the ticket was issued which, if it exists and if the story is true, should show that a mistake was made.
COMMENT 337234	2012-10-30 02:39 PM
I pay a monthly fee to park in the City run parking lot on Cota - you have to display the parking pass. One day I get a ticket even though my pass is clearly hanging from my mirror. I go to police department with my ticket and lady says they will waive the fine THIS time and wanted me to pay a processing fee! Month later same thing happens again - and I get the same treatment. Next day I confront the meter maid and ask her why she gave me the ticket. She ignores me. I also got a ticket parking in the same lot with my new car which didn't have the license plate yet - even though reg info was clearly displayed! Ughhh!!!!!
COMMENT 337235P	2012-10-30 02:42 PM
Bingo, 230. This is a cut 'n dry case here. Meter Person's Picture that shows the tag = off the hook aka mistake Meter Person's Picture that shows no tag = pay the piper
COMMENT 337236	2012-10-30 02:45 PM
Maybe the tag got swiped! Is that a legitimate reason?
COMMENT 337237	2012-10-30 02:46 PM
146 - you took the words right out of my mouth, bravo!
ZEUSTHEGOOSE	2012-10-30 04:20 PM
i had this happen to me as well, except that it was a "no front license plate" ticket when i clearly had a license plate. i took the ticket to the dmv and kindly asked the clerk if there was anything she could do after calmly explaining the circumstances. she voided the ticket but i still had to pay $10 in processing fees, as this occurred several years ago i imagine you'll be paying $15-25 just to push the paperwork through our state's bureaucrats. good luck!
COMMENT 337305	2012-10-30 07:06 PM
Pay the fix it ticket then vote out the City Council incumbents in 2013.
COMMENT 337310	2012-10-30 07:34 PM
The cameras on the parking maids DON'T WORK!!!! Both of you have no proof period! Its your word against the maids
COMMENT 337340P	2012-10-30 08:26 PM
310, How do YOU know that fact? Do you work at the P.D.? Cut the guessing game & speak only known facts here!
MICKID	2012-10-31 06:43 AM
Yes.
COMMENT 337398P	2012-10-31 07:24 AM
Make sure it's your ticket and not one someone ELSE got, then put on your windshield. (Just a thought.)
SBJULES	2012-10-31 08:39 AM
someone managed to peel off my sticker. The first I knew of it was being stopped by the police. I had to spend hours at the DMV to get a replacement.
COMMENT 337490P	2012-10-31 10:11 AM
Check 153P's reply, SBJULES and it won't happen again.
COMMENT 337653P	2012-10-31 03:49 PM
I know someone whose sticker was removed from his truck in SB, and when he went to court with proof of payment the judge said it didn't matter. He paid for the ticket + a second reg renewal. We sure have no reason to believe that video cameras will be used for anything other than making innocent people look guilty - how many more instances of editing, pointing the camera away from the action, etc, do we need.? If there's any evidence that doesn't support the cops and they're the only ones who have it, in practice it never existed. Usse an exacto knife. The months are too small to read on a reg tag, the change in color each year is a no-brainer. Your reg. is good until the end of the month it expires. SB is very different than Ventura. There is actually oversight on police conduct, rather than collusion.
AUNTIE S.	2012-10-31 05:17 PM
Maybe someone stole the month tag. It's beeen known to happen quite a bit. I remember reading about it some months ago - stolen from a downtown parking lot.

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