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post #31 of 35
9/23/09 at 3:24pm
Quote:
Originally Posted by Rambo View Post
This is tricky and based largely on luck. BDC is right that they've got to post notification of any ordinances but Foof is right that if you attempt to fight that their response is going to be "you should have known the laws". The likelihood is that you are never going to see your $350 again. Period.

I never said Moo doesn't have a defense or excuse; I have no idea. For all we know, the police made a mistake.

I did say that cities don't have to post notifications of ordinances, unless there's a rule that requires them to. Most laws are not posted anywhere in public, but we are still expected to follow them.
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post #32 of 35
9/23/09 at 3:36pm
Quote:
Originally Posted by oldseed View Post
while ignorance of the law is no excuse, the city establishing a practice contrary to the law, and you relying on that practice, IS an excuse.

they let you park there many times for 4-5 days. they established a practice of not enforcing the law there. you flagrantly parked there and nobody stopped you. they tacitly said it's OK by their actions.

i say fight the ticket, try & get your money back.

-this is not legal advice

I used to drive on the Kennedy in Chicago daily. The posted speed was 55 or 65 ( I don't really know), I did 80 - 85, as did everyone else, including the police. The fact that I did it 1000+ times and did not get a ticket does not establish any defense or imply any acceptance (I am sure there is an annoying lawyer phrase for that) if I were to be pulled over for speeding.

Getting towed sucks though.
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post #33 of 35
9/23/09 at 3:45pm
Litigating this out would not be cheap if you actually wanted to effectuate any change. So, you have two options...

1. Litigate on the principle and lose your principal; or

2. Suck up your principle and keep your principal.
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post #34 of 35
9/23/09 at 3:54pm
Quote:
Originally Posted by mafoofan View Post
I never said Moo doesn't have a defense or excuse; I have no idea. For all we know, the police made a mistake. I did say that cities don't have to post notifications of ordinances, unless there's a rule that requires them to. Most laws are not posted anywhere in public, but we are still expected to follow them.
I never said you did. I was just illustrating the two differing points that you and BDC were making. Its entirely possible the towing was in error. Even if it was, getting the money he's going to have to lay out back is going to be a hassle.
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post #35 of 35
9/23/09 at 3:56pm
Thread Starter 
Thank you for the discussion. After all was said and done it was $290 out of pocket. It hurts but whatever. It appears that this is a STATE law, and that some cities tow for it (like my city for the next week, Mt. View, where cops have nothing better to do) and some do not (larger cities). It's still bullshit, and I'm still bitter, but there's nothing I can do about it now so I'm moving right along.
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