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Old 12-11-2011, 03:10 PM
 
22 posts, read 64,952 times
Reputation: 10

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I moved up here a while back and the condo I am renting comes with a dedicated parking spot on a private property. I don't use my car often since i walk to work. I got a ticket this morning for not having an Evanston decal. Am I still required to a decal even though i don't park on the street? No one's told me that I needed to have a decal, what are my chances to fight it?

My most amusement is that the cop drove to a private dead end street just to give tickets.

Any suggestions? Thanks!
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Old 12-11-2011, 03:17 PM
 
Location: Greenville, SC
4,034 posts, read 3,267,534 times
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Quote:
Originally Posted by bearcity View Post
Any suggestions? Thanks!
Yeah ... pay the ticket and get the decal.

Most communities I've lived in have these stickers as a way to pay for things like street repairs. It's a cost of having a car in the community rather than a permit to park: The Evanston web site is pretty clear about it: the sticker is evidence you've paid your wheel tax, and is different than a residential parking permit.

You: "Your honor, no one told me I needed to have this thing."
Judge: "It's right on our web site. Pay the fine."

As the saying goes, ignorance of the law is no excuse ... you can try to fight it, but my money's on the city of Evanston.
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Old 12-11-2011, 03:17 PM
 
2,581 posts, read 3,142,662 times
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Yup, you need it.

The city stickers are not parking stickers per se, but to help cover the costs of maintaining the streets, which you use.

I remember my father used to tell stories about how in Chicago the police used to regularly go into private parking garages within highrises and ticket all the cars that didn't have city stickers. I never knew someone that happened to, but wouldn't be surprised. Since you park outside, I'm not surprised you got caught. All cities are hurting for $$ these days.....
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Old 12-11-2011, 03:19 PM
 
Location: Full time RV"er
2,403 posts, read 5,620,317 times
Reputation: 1459
Quote:
Originally Posted by bearcity View Post
I moved up here a while back and the condo I am renting comes with a dedicated parking spot on a private property. I don't use my car often since i walk to work. I got a ticket this morning for not having an Evanston decal. Am I still required to a decal even though i don't park on the street? No one's told me that I needed to have a decal, what are my chances to fight it?

My most amusement is that the cop drove to a private dead end street just to give tickets.

Any suggestions? Thanks!
YEP ! Tell him to take a hike! he has no jurisdiction on private property #1 and #2 demand that the police provide you with a verified complaint on the ticket. That is your constitutional right Dure process right under U.S. Title 42, 1983( also you have a right to face your accuser and have HIM/HER, STATE HIS/HER INJURY. without that there is no issue.
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Old 12-11-2011, 03:26 PM
 
587 posts, read 1,481,952 times
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1. Yes the Officer can have jurisdiction on private property for parking violations. The courts have also ruled parking enforcement can take place in "private" lots as long as the area was not gated, etc. and the Officer did not have to do anything that a private citizen couldn't do to make entry.
2. That can easily be shown.
3. The Officer will gladly show up to Court. If he/she is a night shifter or on a day off for Court, they'll be making overtime.

Don't give legal advice when you don't know the law.
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Old 12-11-2011, 03:46 PM
 
22 posts, read 64,952 times
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(sad face) ok ... i will pay the ticket and decal. Lots of car in my parking lot don't have evanston decal on it .. i guess i just got unlucky ...
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Old 12-11-2011, 05:03 PM
 
49 posts, read 106,962 times
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The other cars in your parking lot probably got tickets too. We own a house and got a ticket when we first moved here, and we were parked in our very own, private driveway.
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Old 12-11-2011, 07:23 PM
 
Location: Full time RV"er
2,403 posts, read 5,620,317 times
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Quote:
Originally Posted by ofcjim40 View Post
1. Yes the Officer can have jurisdiction on private property for parking violations. The courts have also ruled parking enforcement can take place in "private" lots as long as the area was not gated, etc. and the Officer did not have to do anything that a private citizen couldn't do to make entry.
2. That can easily be shown.
3. The Officer will gladly show up to Court. If he/she is a night shifter or on a day off for Court, they'll be making overtime.

Don't give legal advice when you don't know the law.
Sorry but I do know the law thats why I posted here , you on the other hand need to learn what your constitutional rights are before they are all taken away from you . Chech out what an officer has to have happen before he can go on to "your" property! And especially learn what your rights are as to U.S.Title 42, 1983 . As to the officer showing up in the court, Yea he may show but he will be unable to comply with the demand for a verified complaint ( he can't show an injury). Now tyhe funny thing is that the courts through their own laws and rules DON"T have to have that Verified complaint "IF' you are not educated to the fact you have a right to demand it . When you do that , and demand that a verified complaint be filed then they have to have it , and provide you with it .
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Old 12-11-2011, 08:11 PM
 
49 posts, read 106,962 times
Reputation: 20
Quote:
Originally Posted by Fighter 1 View Post
Sorry but I do know the law thats why I posted here , you on the other hand need to learn what your constitutional rights are before they are all taken away from you . Chech out what an officer has to have happen before he can go on to "your" property! And especially learn what your rights are as to U.S.Title 42, 1983 . As to the officer showing up in the court, Yea he may show but he will be unable to comply with the demand for a verified complaint ( he can't show an injury). Now tyhe funny thing is that the courts through their own laws and rules DON"T have to have that Verified complaint "IF' you are not educated to the fact you have a right to demand it . When you do that , and demand that a verified complaint be filed then they have to have it , and provide you with it .
I believe you, but the thing about that is, at least in my village, the police don't normally go around ticketing for the fun of it. They do it because there are complaints.

Even when I got my ticket, well, what was happening is that certain people would have these big parties, and all their friends were parking in the streets, filling up every available parking space. I have a driveway, so I have a place to park, but a block down there are town homes, and not all of them have driveways, and residents were coming home from work and having to park several blocks away. They are the ones who lodged those complaints, and I know that for a fact because they told me as I was complaining to them about getting a ticket for not having a sticker, while parked in my own driveway.

They felt bad for me, and I wasn't real happy about paying that ticket. But you know, after a couple of weeks, there were no more cars parked in front of my house, and I no longer have to pick up all the beer cans that they were strewing all over my front lawn, so In retrospect, I kind of think I got the best of that deal.

The decals aren't just for maintaining the streets, but in many areas, it also provides a way of reserving street parking for residents.

Oh hey! Do you know that you can park your RV overnight for free at just about any Walmart parking lot, nationwide?

Last edited by sarabeth1111; 12-11-2011 at 08:22 PM..
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Old 12-11-2011, 08:52 PM
 
Location: Full time RV"er
2,403 posts, read 5,620,317 times
Reputation: 1459
Quote:
Originally Posted by sarabeth1111 View Post
I believe you, but the thing about that is, at least in my village, the police don't normally go around ticketing for the fun of it. They do it because there are complaints.

Even when I got my ticket, well, what was happening is that certain people would have these big parties, and all their friends were parking in the streets, filling up every available parking space. I have a driveway, so I have a place to park, but a block down there are town homes, and not all of them have driveways, and residents were coming home from work and having to park several blocks away. They are the ones who lodged those complaints, and I know that for a fact because they told me as I was complaining to them about getting a ticket for not having a sticker, while parked in my own driveway.

They felt bad for me, and I wasn't real happy about paying that ticket. But you know, after a couple of weeks, there were no more cars parked in front of my house, and I no longer have to pick up all the beer cans that they were strewing all over my front lawn, so In retrospect, I kind of think I got the best of that deal.

The decals aren't just for maintaining the streets, but in many areas, it also provides a way of reserving street parking for residents.

Oh hey! Do you know that you can park your RV overnight for free at just about any Walmart parking lot, nationwide?
Yep I fully understand your position . I just wanted you to know what your rights were . And as to Wal-mart , Yep to that too. We and the people I travel with spend a lot of nights all over the country in their Parking lots. Nothing like it . Don't have to do any cooking ! If you get hungry at 2 in the morning they have hot Chicken or Rib's ready for your pleasure. What more could you ask for? oh yea maybe a good cold bottle of wine?. Woops! got to go I see my wife comming with my Dinner. ( yep hot chicken and potato salad). Were at Wal-mart in Banning , CA headed for Bull Head City ,AZ in the morning to spend time with friends for the Holiday's.
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