I just received a parking ticket for parking in the handicap spaces in our apartment complex that we had permission to use. What do I do?
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I have lived at my apartment complex, which is subsidized, for 1.5 years and have always parked in the same place. The complex has been here for 8 years. There's a resident who has lived here for 8 years and has never heard of this before. We live in the handicap apartment, because it was the only one available, not because we needed it. There are 2 handicap parking spaces at our end for the apartment. NO ONE in this apartment complex needs a handicap parking space. We were told, when we moved in, that it was okay for us to park there; since we're in the handicap apartment, they're technically ours to use. We share them with everyone as they're the front most spots. No big deal. The police have been in and out of our apartment complex for the past few months due to a mentally challenged person a few doors down. I just now received a parking ticket for parking in the handicap parking space. I told the officer that we have permission to use those spots by the complex manager. Isn't the parking lot considered private property? How come I'm just now getting a ticket? Should the apartment managers be notified and held responsible since we had their permission? (Midland, MI)
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Answer:
Use the parking spaces for handicapped trolls.
elizlogan at Answerbag.com Visit the source
Other answers
Just pay it and don't park there again. Dilemma solved.
merkah
Ignorance of the law is no defense to prosecution unless otherwise stipulated in the language of the statute. No one can give you permission to break the law. Pay your fine, learn your lesson and move on.
txpeaceofficer
Was there a sign or a pavement marking? Who put up that sign or pavement marking? Too much unknown to give you an answer. If the apartment owners put up the sign or marking you need to take them or a representative of them along as a witness to say that regulation isn't in effect for you. It will come down to "that sign shouldn't be there, we don't want it there." That assumes they are not required to have a handicap spot. If the city did it, then it gets tougher. Probably what's happened is that they are required to have this space designated a handicap space. They figured it could serve dual purpose and be the official space for the handicap apartment too, so didn't set aside an extra space for that apartment. So you moved in and they had one less space than they needed, so told you to use it. That would mean it is a legally valid space, but also that you can again take the manager as a witness and claim this was an officially induced error. Your defense is that it is reasonable the manager would know the rules here and if he told you it was ok to park there it's reasonable for you to think you were breaking no laws. Another thing to consider if the city did it, is for them to show the bylaw creating that sign. I'm not from MI so I don't know if this will work, but sometimes in traffic court if you're nailed for disobeying a sign you can ask them to prove that there is a bylaw creating that sign in that location (otherwise, who knows, some random guy may have just put up a sign for fun). This only works if a bylaw needs to exist for every sign, and that the court won't assume it exists without evidence to the contrary.
TheGrimReefer
Yeah, it's private property. Also they are required by law to have disabled parking, fire zones and so on. Pay the ticket and don't park there anymore. Sorry you listened to the managers. Suck it up. If you can get proof that they told you to park there, you could sue them for the amount of the summons after it's been paid. But is really worth it? you should know if you don't have the proper decal, plate, hanger, etc. you can't park there.
someone0067
Pay the ticket and don't do it again. What about handicap people that may be visiting friends and neighbors there. If I were your neighbor I would call the police and report you everyday.
Caitherine
In the state I live in the city has to come out and put up Handicap signs and the state is the only one that can give you permission to park there.
Icameback4now
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