Parking Ticket Legal Argument for Handicap Access Space?

Question

I have parked my car for 2 years on this one space in my gated apartment community. It's a white gridlines space (which I know is not a legitimate parking space), but there was never parking anywhere else. For 2 years, I was fine and never received any type of notice. This morning, I received a ticket on my car from the City of Atlanta, that said I was fined $150 for parking in a handicapped space under the City Code 150-90. I guess technically, the white gridlines I parked on were part of the "handicap access space", since there is handicap space right next to it.

However, I don't understand 1) how the Atlanta parking authority suddenly had access to/decided to enter our gated apartment community, 2) if they even have judicial authority over a private residential area, or 3) where [legally] the white gridlines are defined as part of the handicap space. I would agree that I should get a ticket for parking improperly, which is only a $25 fine. But I think a $150 fine is outrageous, especially given that no one has parked in that handicap space for the 2 years that I've been living there.

I am confused because I looked up the code for Atlanta Municipal Section 150-90, but no where does it define the access space or the fines for parking in a handicap space. In fact, the section is more about how a handicapped person has the right to a handicap space.

On top of all that, I just gave notice to my leasing office last week that I was leaving in October. So I don't find it coincidental that this happens less than one week after I gave notice to the office. Otherwise, I would have called them to determine what kind of authority Atlanta parking laws have over the residential community.

Any recommendations / think I have a good argument for court? Otherwise, I guess I will just pay the $150 fine and move on.
Thanks.

Answer 1

There is a good argument for giving you 730 more tickets, but no good argument for you not to pay this one. Ignorance of the law is not a defense.



If you are smart you will pay quickly and quietly. Your alleged "defense" could cost you a fortune.

Answer 2

Someone complained so they investigated and you were parked illegally. A gated community is not exempt from following the laws of the city. The white grid lines are part of the handicapped spot. Their purpose is to show it is space allowed for handicapped and it is no parking. Pay the fine and move on.

Answer 3

And if a handicapped guy or woman were precise at the back of, the place might he/she have parked? Sorry, she occupied the area, which she had no precise to do. No excuses allowed, and have self belief me, the courtroom has heard all of them. that is a valid value ticket and he or she will might desire to pay it. She might desire to have stopped further away, like different in a position-bodied human beings do, and the lot of you may desire to have walked the extra advantageous few yards. And if there have been no different parking spots, which frequently in basic terms happens at Christmas, she might have dropped you off on the realm highway, or at a loading zone, I guess there replaced right into a style of.

Answer 4

I am a Federal and State Registered Disabled Person With Disabilities (PWD) that has and uses a Permanent Handicapped Parking Space State Permit (PHPSSP). I use a manual Wheelchair, a Powerchair and a 4-wheel Handicapped Scooter. I have a Handicapped-Conversion Motor Vehicle with a Powerlift and I need to have access to a Van Accessible Handicapped Parking Space that has a Handicapped Access Aisle.



The white gridline space is called "Access Aisle" which IS legally considered as part of the Handicap Parking Space due to the Americans with Disabilities Act (ADA) federal law.

http://www.ada.gov/restribr.htm

http://www.ada.gov/adata1.htm

http://www.ada.gov/reg3a.html#Anchor-16919

http://www.ada.gov/reg3a/fig9.htm



Dimensions of Handicapped Parking Spaces

http://www.ada.gov/descript/reg3a/fig9des.htm



A Handicapped Parking Space for a Handicapped-Conversion van with a lift always need to have the minimum 96-inch wide access aisle next to the Handicapped-Conversion van with a lift.



A Handicapped Parking Space for a car always need to have the minimum 60-inch wide access aisle next to the car.



A person like myself need room to "drop the lift" in order to lower our Wheelchair, Powerchair, or a Handicapped Scooter to the ground. A "Handicapped Accessible Aisle" gives a person like myself the needed room to "drop the lift" to the ground. If you ILLEGALLY park in the "Handicapped Accessible Aisle", then a person like myself does not have the needed room to "drop the lift" to the ground.



Even though you claim that a PWD has not parked in the Handicapped Space in 2 years, that still does NOT give you the legal right to park the in the "Handicapped Accessible Aisle" or in the Handicapped Parking Space for any reason.



Even though you claim that a PWD has not parked in the Handicapped Space in 2 years, you are NOT in the gated apartment community 24 hours daily due to job, shopping, and various outside errands using your car. Guest PWDs could had parked in the Handicapped Space while you was not inside the gated apartment community. With you LLEGALLY parking in the Handicapped Access Aisle, that prevents ANY PWD (including myself, Guest PWDs and any PWDs that might live in the gated apartment community) that has a Handicapped-Conversion Motor Vehicle with a lift from parking in the Handicapped Parking Space.



It could be one reason why you was reported is because a Guest PWD with a Handicapped-Conversion Motor Vehicle with a lift was prevented from parking in the Handicapped Parking Space due to your ILLEGAL parking in the "Handicapped Accessible Aisle". Another reason why you could had been reported is because a new resident PWD with a Handicapped-Conversion Motor Vehicle with a lift was prevented from parking in the Handicapped Parking Space due to your ILLEGAL parking in the "Handicapped Accessible Aisle".



You do NOT have a good argument and you do NOT have any valid reason for a legal defense. You need to pay the $150 fine.



I highly commend the person that reported you and I highly commend the proper authorities that gave you the parking ticket for ILLEGAL parking in the Handicapped Access Aisle.

Answer 5

I would say someone complained and that's why you got ticketed. Parking in the lines blocks egress for some people with disabilities so that is illegal. I also thought you can not be ticketed in your complex as it's private. I live in the same type community. The police that issued it may be residents there also.