Friday, September 20, 2013

On October 30, 2012, I received a Parking Citation inviting me to pay 65 dollars to the City of Oxnard. I was also told I could contest the citation administratively which I did. The basis for this contest was primarily that the Citing Officer did not include all required information on the citation. Additionally, instead of leaving the VIN field blank, the Citing Officer indicated that the VIN was "not readable." Since my VIN is clearly readable and was so on the date in question and since the Vehicle Code requires at least the last four of the VIN on the citation, I believe this was an appropriate rationale to dismiss. As you might guess, the Hearing Officer did not.

But, worse than this, the City of Oxnard promised me an extension of time to file an amended argument and set a new hearing date (30 days later than the one originally scheduled). I eventually called to find out how this new hearing came out and was told the hearing would in fact not be held after all and that I should just accept the results of the hearing that was apparently held on the original date. Conveniently, I learned this 38 days after the original hearing, outside the window for appeal in the Superior Court. When I pointed out this obvious violation of my Due Process Rights to the City Attorney, I was told "we don't have to hold an additional hearing." I agreed with that but pointed out that when you promise a new hearing date and tell the citizen to disregard the original Notice of Administrative Hearing Results and then delay conveying your new position past the appeal window, you have violated Due Process.

The Superior Court ruled in my favor on appeal, possibly because the City provided no information or evidence that would allow any other ruling. Thus far, the City of Oxnard has been notified by both me and the Superior Court of the obligation to pay me 90 bucks (including court costs) but they have not done so.

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