PARKING TICKET LAWSUIT

                                          The Parking Ticket Lawsuit

Elvira Guardiola, Worcester Parking Administrator

                                               

Recently I represented a client at his Formal Appeal Hearing for a parking ticket. It was alleged that he violated the winter ban on March 21, 2018.

It did snow at all on that date and the snowplows never came out onto the streets.

There is a City of Worcester protocol that ticketing of vehicles would not begin until it starts to snow and the plows are on the street. This policy was published in “Masslive “in 2016. The City has never explicitly and publicly retracted, rescinded or withdrawn the policy.  Please see photo below.

The published policy of not ticketing until the snowplows come out was presented to the Parking Administrator. Such evidence is “substantive” evidence. It was enough to show that the ticketing of my client’s vehicle was contrary to City DPW policy and to have the ticket dismissed.

Instead of dismissing the ticket the Parking Administrator developed a false theory of law which is not found in MGL c. 30A, s 14. The statute governs Administrative Hearings. The Parking Administrator called her false theory “compelling argument”.

The statute indicates that Administrative Hearing decisions are based on “substantive evidence” and not compelling argument. A hearing is not a forensic debate.

The Parking Administrator then told us that she had met with Assistant DPW Commissioner Lobovites about the City’s policy on ticketing. She then changed her mind and said she met with a manger, Mr. Kempton.  The Parking Administrator could not give the date of any such meeting.

I made a phone call to Mr. Kempton who said that as far as he knew Ms. Guardiola never met with him or Mr. Lobovites about the ticket at issue. Mr. Kempton did say that the Parking Administrator sent an email to Mr. Lobovites.

According to Mr. Kempton the answer sent by Mr. Lobovites did not support Ms. Guardiola claim that the policy of not ticketing cars until its snow was no longer in effect. Even if was not in effect, the reversal was never made public.

Given the serious misunderstanding of the law and the seemingly false statements made by the Parking Administrator. My client has decided to sue the City in order to bring the Office of Parking Administration into compliance with the State’s statutes. Please see photo below.