2 weeks Ago By Anthony Blair
A FURIOUS driver has revealed how he fought an $100 parking ticket - only for the fine to be waived days before the case was due to go to trial. Patrick McCleary was ready to represent himself in court after finding the ticket on his car at the end of a day on the beach. The Mount Pleasant, South Carolina resident had driven the short distance to Isle of Palms in May on Memorial Day weekend.
Patrick and his wife had brought breakfast and lunch in their bags and were preparing to spend the day on the popular beach before going for dinner at a nearby restaurant. They parked their blue Subaru Outback on the side of Palm Boulevard - as they had dozens of times before - at around 8 am. But just half an hour later, they were hit with a $100 parking ticket for an obscure reason .
READ MORE ON PARKING TICKETS The citation said Patrick had failed to park four feet from the pavement. "It's basically saying stay away from the beach," he told local paper The Post and Courier . "It's a deterrent to keep people from coming down there.
" Isle of Palms is an exclusive neighborhood, listed as one of the wealthiest in South Carolina by Forbes earlier this year. Property prices are also among the highest in the state, with a three-bedroom house selling for more than $2 million. Most read in Motors But Patrick didn't give up and fought back after noticing the parking enforcement officer had made a mistake on the ticket.
The citation wrote that he was driving a gray Scion, instead of the blue Subaru Outback he actually drives, Patrick also argued that there were no clear markings to denote the four-foot distance from the pavement, and therefore it would be a "slam dunk" to appeal it in court. "Whether I won or lost, I mean, this was a $100 ticket, right?" he said. "I already wrote that off in my mind.
"I just figured if I lose, the worst-case scenario it's a $100 ticket, but I still get to bring these issues to the forefront in court." But just days before he was set to select a jury, the ticket was waived. The general manager for the company that handed out the ticket wrote that the parking officer responsible for the citation had left the company.
Patrick was not the only visitor to face a citation in the exclusive beach resort this summer. Between Memorial Day and Labor Day weekend, more than 5,600 parking tickets were handed out in Isle of Palms. That number is more than the total of citations that were issued in all of 2023.
This comes after the city's police force outsourced its parking management to private company PCI Municipal Services. The U.S.
Sun has approached PCI for comment. Read More on The US Sun Last year, The Charleston Beach Foundation, which calls for expanded access to beaches in the area, took Isle of Palms to court over the fines. A judge at the time ruled that the fines were not unconstitutionally excessive.
You can avoid being ticketed by following all posted laws and ordinances, but sometimes mistakes are made Like any form of citation, parking tickets are preventable by reading and obeying posted signage. However, when visiting a new city, or state, or in a hurry, things can be missed and mistakes are made. Suddenly there's a ticket you weren't prepared to pay for.
If the ticket is a surprise to you, there are a few things you can do to help your case when appealing a parking ticket. Carefully read the ticket. Look for errors like incorrect street names, license plate numbers, vehicle make and model, time and date, etc.
Errors would then make the ticket invalid. Take photos. Of the vehicle in the parking space, lack of signage, or other vehicles that weren't cited for performing the same parking job.
If the ticket involves parking too close to something like a fire hydrant, a photo showing a reasonable distance would help your case. Make sure metadata with the time and date are accessible. Signs that are obstructed by trees, or are on bent posts, or aren't "obvious" are great things to photograph, too.
Make sure the statute that was violated is listed on the ticket. If not listed, the ticket is not valid. Promptly follow the appeal instructions on the ticket.
All legitimate tickets will have directions for appeal. Waiting until the very last moment weakens your argument and can result in late fees. When in court, avoid these phrases as they reduce your credibility and weaken your argument: "I didn’t know the law.
" "I was on my way to move my car." "I can’t afford this ticket." "I’ve been doing this for years.
" "I checked with the parking officer, who said it was OK." Contact a lawyer. If you're running into roadblocks and feel stuck, it may be best to reach out to a traffic lawyer in your area.
Many have free case consultations. Source: Reader's Digest.
