PARKING TICKET KANGAROO COURT

 Parking Ticket Kangaroo Court

A Complaint to the Superior Court regarding a Judicial Appeal of a Administrative Hearing requires compliance with thw Court's Standing Order 1-96. This means Defendants  Worcester and its Parking Administrator Guardiola have to provide to the Plaintiff  the file of the administrative hearing. 

For the ticket at issue the file included an email thread between the Parking Administrator and the Assistant Commissioner for the Department of Public Works. The email thread is dispositive as it was written AFTER the hearing and shows the biased and unlawfulness of the Defenants' actions.

In the email above the Parking Administrator did NOT know the City's policy on ticketing vehicles and seeks clarification from Mr. Lobavites.

Mr. Lobavites was not able to give an unequivocal policy statement like he had in his 2016 newspaper article. A reasonable fact finding could conclude that the information in the 2016 article is still in effect. 

Please note in the email above the Parking Administrator calls one of the parties "argumentative" and "passive aggressive" This evidence of bias by the Parking Administrator.

In these emails above  Defendant Guardiola raises the issue of protocol as to when the Defendant Worcester begins it ticketing and towing of vehicles. Once against Mr. Lobavites does not give an unequivocal statement of policy or protocol. He seems to be trying to cover his butt.

In this last photo of the email thread the Defendant Guardiola bypasses the issue of the City policy as it described or in this case not described by the Department of Public Works.. The  Plaintiff presented the newspaper article as the City published policy on the ticketing and towing of vehicles. 

This newspaper article is the substantive evidence required by Statute to decide an administrative hearing. The City could not even provide a single document showing its policy on the date of the ticket.

In effect Defendant Guardiola made her decision by ignoring the published policyfThe thread shows that the Parking Administrator did not know the City's protocol regarding the commencement of ticketing and towing vehicles when a snow emergency is declares.