Monday, May 23, 2016

Score one for the average citizen!

In this instance, the average citizen was also, coincidentally I'm sure, a lawyer from Indiana.  He was unlucky enough to receive a parking ticket.  Haven't we all been there?
The ticket gave him seven days to pay the $20 fine.  He mailed the check on day six.

The city, not appreciating the fact someone actually paid a parking ticket in the first place, received the payment AFTER day seven, so in its infinite wisdom power, charged Joe Average Citizen a $150 late fee, deciding that payment is made when it's received, not when it's mailed.

Here's what the Court of Appeal of Indiana said:

“As an issue of first impression, we hold that payment is made on a parking ticket when the payor deposits the payment in the mail,” Judge Baker wrote. “The issue is too important to allow the city to determine for itself when it believes a payment was made: Any delay on the city’s end could result in a 12,400 percent increase in the fine assessed for a parking violation.”

Score one for the average citizen in Indiana!







2 comments:

  1. LOVE it! Kudos to him for following through and taking this further... I know most people here in Curaçao would have just let it slide, thinking an unfair $150 was still cheaper than going to court.
    Guilie @ Life In Dogs

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    1. Last I checked, the filing fee for an appeal here in CA was over %700. So yes, it's not cheap to appeal. But I agree with you, kudos to him for fighting this!

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