California Vehicle Section §40215 provides citizens with an opportunity to contest a parking citation, Per this code, there are three levels of contestment:
The citation bail amount does not have to be paid to contest your citation at this level.
If you disagree with the parking citation that you received and would like to contest it, you have 21 days from the date the citation was issued, or within 14 days from the mailing of the ‘Notice of Delinquent Parking Violation,’ to request an Initial Review.
You may request an Initial Review by calling the ‘866’ number on the bottom of the citation. Requests for Initial Reviews WILL NOT be accepted beyond the date prescribed by the California Motor Vehicle Code. Please complete the entire form and attach all relevant information INCLUDING a copy of the citation and mail it to the address listed at the bottom of the citation. You may download a Contest Form online, print it out, and mail it. Click HERE to download printable Contest Form.
Or you may complete the entire process online. Click HERE to contest a parking citation online.
Once received, an investigating officer will review the form along with any supporting documentation you have provided. After careful investigation, a written response will be mailed to the contestant, and a copy will be filed at Parking Citation Service Center. Please note, documents submitted by you cannot be returned.
Your Initial Review will be examined and investigated thoroughly, and a determination will be made, rendering one of the following decisions:
- The citation was determined to be invalid and will be dismissed. If this is the decision, then no further action will be required on your part. You will receive written correspondence confirming the dismissal of the citation.
- The citation was determined to be valid, and payment must be made in full. You will receive written correspondence notifying you of the decision and advising you that the citation must still be paid.
If you are dissatisfied with the results of the Initial Review, you may further contest the citation by requesting an Administrative Hearing. However, unlike the Initial Review, California State Law requires that you pay in advance, all fines that are owed on the citation before you can request an Administrative Hearing. Administrative Hearings must be requested within 21 days from the date the decision was reached on your Initial Review. If you fail to request an Administrative Hearing within the prescribed time, you will lose the opportunity to contest the citation further.
To request an Administrative Hearing, please contact Parking Citation Service Center at (866) 450-2508 and request an Administrative Hearing request form. Complete and submit the form, along with a check or money order for the full amount of the parking violation penalty (ties), payable to the City of San Dimas.
IF YOU FAIL TO COMPLY WITH THE REQUIREMENTS OF LEVELS 1 and 2 IN THE ABOVE MANNER AND WITHIN THE PRESCRIBED TIME LIMITS, YOU WILL LOSE THE STATUTORY ABILITY TO CONTEST A NOTICE OF PARKING VIOLATION.
The Hearing Examiner must consider the results of the Initial Review, (Level 1) when rendering a final decision. Since the results of the Initial Review must be forwarded to the Hearing Examiner as part of the contestant’s file, a hearing cannot be scheduled until the Initial Review is completed.
Once the request for an Administrative Hearing is completed and the parking penalty deposited, (within the prescribed time limit) the contestant will be notified of the hearing date, time and location. You may elect to attend the hearing in person; to do so, you must complete a Hearing Declaration Form. If you cannot attend the hearing in person, you may elect to have the Hearing Examiner render his decision based on the statement you submitted on your Initial Review Form, or you may submit a Written Declaration. You may also use the Written Declaration Form to add any additional information not included on your original Initial Review Form.
The final decision of the Administration Hearing may be delivered personally to the contestant by the Hearing Examiner or mailed to the contestant via First Class Mail. If the contestant prevails, the City of San Dimas will reimburse the contestant for any fines paid before the scheduling of the Administrative Hearing.
Note: If you are unable to attend the Administrative Hearing on the scheduled date, you may reschedule your hearing ONE TIME. To reschedule your hearing, please call Parking Citation Service Center Office at (866) 450-2508. If you are not in attendance on the date of your rescheduled hearing, you will lose the opportunity to contest your parking citation, AND you will forfeit all bail amounts related to the citation you wish to contest.
If you are not satisfied with the decision of the Hearing Examiner, you may further contest the parking citation by filing an appeal at Pomona Municipal Court. You cannot appeal a parking citation if you have not first obtained the results from your Initial Review AND your Administrative Hearing. Furthermore, appeals MUST be made requested within 30 days from the date of the Hearing Examiner’s decision. Requests for appeal must be done in person at Pomona Municipal Court, and the contestant will be required to pay a fee of $25.00 for the filing of the notice of appeal with the court.
If the contestant prevails in court, the City of San Dimas will reimburse the contestant for the $25.00 filing fee and will also refund any parking penalty (ties) paid by the Court’s decision.
CONTESTANT STATEMENT OF RIGHTS AND RESPONSIBILITIES
A hearing for parking citations is now, (by California law) a Civil Action. This means that you have the obligation to show by a preponderance of the evidence that the citation in question was not validly issued. The preponderance of the evidence means evidence, (as a whole) shows the fact which you seek is more probable than not. Such evidence may include, (but is not limited to) documents or the testimony of witnesses.
1. During the hearing, you will be asked to enter a plea. The plea may be…’admit Liability with explanation’…or…’deny liability’…The fine or any late penalties may be sustained or dismissed, depending on the evidence.
2. The original or any true copy of the citation containing all material information is…’prima facie’…evidence that the violation occurred. Prima facie means legally sufficient to establish a fact or a case unless disproved. The issuing officer is not required to be present at this hearing.
3. You have the right to present oral testimony and to call witnesses during the hearing. You also have the right to submit documentary evidence in support of your case.
4. If you desire to appeal the decision to the Court, you must file an appeal with the Court within 30 calendar days of the date of mailing of the decision and deposit a $25.00 fee with the Court. Your failure to timely appeal and pay the $25.00 appellate fee will result in the waiver of your right to appeal.
IF A NOTICE OF APPEAL OF THE DECISION OF THE ADMINISTRATIVE HEARING, (LEVEL 2) IS NOT FILED WITHIN THE 30 DAY TIME LIMIT, THE DECISION OF THE HEARING EXAMINER WILL BE DEEMED FINAL.