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Aj Cries Foul At Ada And Related Bs


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#1 The Average Joe

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Posted 15 March 2013 - 08:31 AM

So I park on a street in Fair Oaks last night, it's dusk, and I pull up behind another car. The "curb" is one of those rounded off ones. I come out later to find a FOUR HUNDRED AND SEVEN dollar parking ticket on my windshield. It seems there was a handicap swale, right in the middle of the street (not on a corner), and my front bumper was somehow blocking access. The swale was not marked with any paint or those insanely annoying yellow bumps. Frankly, it blended in to the rounded curb pretty well and was in a location that you would never expect a ramp to be.
I have 2 issues with this. The amount of the fine is so vastly disproportionate to the "crime," and the fact that remittance goes to someone in San Diego to then (theoretically) be reimbursed to the sheriffs department. In other words, this is a money grabbing SCAM.
While I generally support the intent of the ADA, but still think it should have more exceptions and exclusions (and NO lawsuits), I salute the execution of the ADA rules with a big flying bird.
FOUR HUNDRED DOLLARS?! Good freaking grief.

"Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive" -- C.S. Lewis

 

If the only way to combat "global warming" was to lower taxes, we would never hear of the issue again. - Anonymous

 

"Society in every state is a blessing, but Government, even in its best state, is but a necessary evil; in its worst state an intolerable one" — Thomas Paine, 𝘊𝘰𝘮𝘮𝘰𝘯 𝘚𝘦𝘯𝘴𝘦 (1776)

 


#2 4thgenFolsomite

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Posted 15 March 2013 - 10:19 AM

So I park on a street in Fair Oaks last night, it's dusk, and I pull up behind another car. The "curb" is one of those rounded off ones. I come out later to find a FOUR HUNDRED AND SEVEN dollar parking ticket on my windshield. It seems there was a handicap swale, right in the middle of the street (not on a corner), and my front bumper was somehow blocking access. The swale was not marked with any paint or those insanely annoying yellow bumps. Frankly, it blended in to the rounded curb pretty well and was in a location that you would never expect a ramp to be.
I have 2 issues with this. The amount of the fine is so vastly disproportionate to the "crime," and the fact that remittance goes to someone in San Diego to then (theoretically) be reimbursed to the sheriffs department. In other words, this is a money grabbing SCAM.
While I generally support the intent of the ADA, but still think it should have more exceptions and exclusions (and NO lawsuits), I salute the execution of the ADA rules with a big flying bird.
FOUR HUNDRED DOLLARS?! Good freaking grief.


that is absolutely OUTRAGEOUS!! I have never heard of such a thing! Can you fight it??
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#3 folsom500

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Posted 15 March 2013 - 10:41 AM

So - no paint, no bumps. Any Sign ? Nothing in the street (like a cross walk)? I say BS on this as well - best you take pictures of the location and fight the ticket.

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#4 Deb aka Resume Lady

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Posted 15 March 2013 - 10:56 AM

I'm with Folsom500 -- Take pictures of the area you parked and contest the ticket.
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#5 (The Dude)

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Posted 15 March 2013 - 11:06 AM

Fight it man, that's pure BS

#6 The Average Joe

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Posted 15 March 2013 - 01:38 PM

Talked to an attorney, and he said we may have grounds to fight it. Technically, we did violate the statute, but he said we may be able to persuade a reasonable judge. We will fight it, but I am not optimistic as the appeal process is composed of filling out a form to send to the agency processing the ticket. Good luck getting an unbiased review that uses some common sense.

"Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive" -- C.S. Lewis

 

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"Society in every state is a blessing, but Government, even in its best state, is but a necessary evil; in its worst state an intolerable one" — Thomas Paine, 𝘊𝘰𝘮𝘮𝘰𝘯 𝘚𝘦𝘯𝘴𝘦 (1776)

 


#7 Deb aka Resume Lady

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Posted 15 March 2013 - 02:07 PM

Talked to an attorney, and he said we may have grounds to fight it. Technically, we did violate the statute, but he said we may be able to persuade a reasonable judge. We will fight it, but I am not optimistic as the appeal process is composed of filling out a form to send to the agency processing the ticket. Good luck getting an unbiased review that uses some common sense.

Can you include a photo with the form?
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#8 supermom

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Posted 15 March 2013 - 04:07 PM

You got off lucky. I call tow trucks on anyone blocking a handcap parking spot that does not have a placard. Well, actually, I think most of the tow trucks charge $350.

#9 sunnyCA

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Posted 15 March 2013 - 04:40 PM

Definitely take pictures and fight it. My husband did when he got a ticket for parking in an improperly marked disabled spot (same fine...it was in the $400 range). He NEVER parks in one and would certainly not have if this had been properly marked. It sounds different than your situation (not a swale, etc.) but still, we took pictures and wrote carefully detailed protest of the ticket and it was dismissed. The ticket was given by Rancho Cordova PD, and an agency in SoCal handled it. It's worth fighting it.

#10 The Average Joe

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Posted 15 March 2013 - 05:42 PM

You got off lucky. I call tow trucks on anyone blocking a handcap parking spot that does not have a placard. Well, actually, I think most of the tow trucks charge $350.


Hardly lucky. I wasn't blocking a handicap parking spot. There was an unmarked ramp on a rounded curb in the middle of a street (not on a corner). No crosswalk markings, and the "ramp" blended into the curb quite well. I work all over Sac and the surrounding counties in many various parking situations, and I have never gotten a parking ticket. I have never even seen a ramp in the middle of a street. I obey the pain in the butt laws (like Davis, good grief they are ridiculous). Actually, I did get a parking ticket once. The ticket was on my windshield wiper...right on top of my 200.00 permit to park in that same spot...
As for calling the tow...I say that sucks because I can't call to report bs ailments that acquire cards.

"Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive" -- C.S. Lewis

 

If the only way to combat "global warming" was to lower taxes, we would never hear of the issue again. - Anonymous

 

"Society in every state is a blessing, but Government, even in its best state, is but a necessary evil; in its worst state an intolerable one" — Thomas Paine, 𝘊𝘰𝘮𝘮𝘰𝘯 𝘚𝘦𝘯𝘴𝘦 (1776)

 


#11 john

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Posted 15 March 2013 - 07:30 PM

def hope you got pix... will be hard to fight without it!


#12 cw68

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Posted 15 March 2013 - 09:09 PM

Fight the power! Seriously poor execution of something with good intent.

#13 (The Dude)

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Posted 16 March 2013 - 07:32 AM


You got off lucky. I call tow trucks on anyone blocking a handcap parking spot that does not have a placard. Well, actually, I think most of the tow trucks charge $350.


He wasn't parked in a handicap spot so that would have been a false accusation on your part which I believe is against the law.

#14 supermom

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Posted 16 March 2013 - 11:58 AM

He wasn't parked in a handicap spot so that would have been a false accusation on your part which I believe is against the law.


He got ticketed for blocking a handicap spot. towing people for who block handicap is not against the law. it is respectful to those whom those spots are put there for.

#15 ducky

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Posted 16 March 2013 - 05:52 PM

He got ticketed for blocking a handicap spot. towing people for who block handicap is not against the law. it is respectful to those whom those spots are put there for.


I think you are misunderstanding. It wasn't a handicap spot for parking. It was an unmarked handicap access on a rolled curb. According to AJ's post, only his bumper was sticking into the unmarked cut-out that was probably hard to see because of it being on a rolled curb, it being dusk, and there being no kind of delineation like those bumpy yellow dotted mats on it (is that even ADA compliant?). The county needs to do a better job of marking those spots either by paint or, if possible, a sign... unless of course they'd rather generate revenue from tickets rather than make sure they are providing access at that location.




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