As always, real emails from actual readers.  The mailbag’s previous incarnations can be found here, here, here, and here.

We live on [street 1] and [street 2], relatively quiet part of the neighborhood with few parking issues.  Today my wife was cited for a violation for parking in our own driveway with our VW golf. Yes, I have since learned that it is in fact illegal to park with any portion of a vehicle blocking the sidewalk (no matter how wide those sidewalks happen to be on [street 1]).  I’m not contesting these legal grounds and I suspect the officer has some photo evidence to prove there was an infraction.  I’m also sure there was abundance of space remaining for anyone, in any condition to pass behind the car safely. But that’s not a legal argument I’m expecting to win.

I’m curious if there’s any leeway for humanity in this citation? Our own driveway where we have lived for 4 years, in a house we own, and frankly have parked in somewhat similar fashion for a large portion of it.  We pull into our garage every night.  But with two children under 3, loading and unloading after school is a bit of a production.  To recieve a parking ticket at 5:09 pm seems like someone has an axe to grind.  But I leave the parking karma gods to deal with whomever saw fit to register a complaint.

So here go the honest questions:
Is any reason for me to appeal this?  If so, any compelling reason other than common decency?
As the homeowner do I have any right to a “warning” citation?
Are these judgement calls on the officers part entirely?
In defense of myself do I have right to inquire about the nature of the complaint?
Are we better off parking parallel in front of the driveway on the street (certainly not safer)?
Should I abandon this inquiry and consider us lucky that we haven’t been ticketed previously?

I’m afraid you aren’t going to like what I have to say.  First, you have simply no grounds upon which to appeal this citation.  The sidewalks are city property, and as such, obstructing them in any way is a violation.  Your vehicle represented a hazard to pedestrians (and if this seems far-fetched, think of those in wheelchairs, or others with difficulty getting around), and you were properly cited.  If your driveway is long enough to accommodate a vehicle, you should be using it.  If it is not, you have a duty to pull into your garage.

Onto your other questions.  No one, homeowners or otherwise, have a right to a warning.  I am unsure exactly what you mean by “judgment calls,” because in essence, most parking tickets are judgment calls.  I am also unsure exactly what you mean when you ask if you have a right to inquire about the nature of the complaint; the law was violated, and that is why you were cited.  If you are wondering if a fellow citizen complained about the offending vehicle, cities do not release that information for parking ticket hearings.  Concerning parking in the future, you cannot block your own driveway, as this is also illegal.  I would advise, again, pulling all the way into your driveway, or using your garage.  If neither suffices, yes, park on the street.  Finally, yes, I would save yourself time and energy with this potential appeal.  If you’ve been blocking the sidewalk for some time, consider yourself fortunate that you have not been ticketed before.  Alright, next email.

I was issued a parking ticket last Wednesday in downtown [city]. It was Wednesday [date] on [street]. I was waiting on my car for my mom to finish her test at the near by office, and I parked my car on the street with meter, and I moved to the passenger seat so I can get some rest while waiting for her. As the sun rise up more, I used my jacket to cover the front part of my windshield, and it was around 10:10 AM. not after a while, there was a pedestrian passing by my car, and gestured (pointing) the front of my car, which I thought he was reminding me that my meter has expired.. so I was reaching to my driver’s seat to get more quarters to put in the meter. Then, I found out that the officer was standing next to my car (on the driver’s side), issuing the ticket. So I lowered my window, and she was saying that I am in violation for parking on the street, where there will be street cleaning from the time frame 10AM to 1PM on Wednesday, and she said, if she saw me on my car, she would have just tell me to move my vehicle and not issuing the ticket. But I explained to her I was on my car the whole entire time, but she argued that I was on the passenger side and the jacket blocked everything and she did not see me, so she gave me the ticket anyway.
Do you think is there any chance for me to contest/ appeal for the ticket..?  From the place where I parked, I didn’t see any signs saying “no parking” .. until I drove down the street THEN I saw a small sign saying no parking on Wednesday from 10 to 1 for street cleaning, on top of “2 hour parking from _am to _pm”.

I’ve reviewed what you’ve said, and I conclude that if you contest this parking ticket, you will likely lose unless you can prove that the signs were insufficient.  I will explain.  Let’s first assume the signs are sufficient.  If this is the case, you clearly parked your care in violation of the street cleaning sign.  Whether or not you were in the car is irrelevant; the car was parked, and you weren’t even in the driver’s seat.  Street cleaning began at 10:00AM and lasted until 1:00PM; you parked you car at 10:10AM, after street cleaning began.  Parking during street cleaning is illegal, and nothing you’ve said shields you from liability.

There is one potential save for you here.  [City] requires that street cleaning signs be posted at the start of any block in which they are posted.  They can also be posted in the middle and at the end of blocks, but there must be a sign at the start of the block.  Go back to [street] and see if there is a street cleaning sign at the start of the block where you were parked.  If there isn’t, take many pictures of this.  You will win your appeal based on insufficient signage.  If there is, you will likely lose any appeal.

That’s all for now.  Feel free to comment.

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