Question:

Parking ticket - I didn't do it....it was a prank?

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I got a $180 ticket the other day for illegally parking on the curb in front of my house. The thing is, I didn't do it. My friends thought it would be funny ( and it is...and has been in the past) to pick up my car and put one of the wheels on the curb. I told the officer it was a prank and he said that I have to prove it.

This seems a little messed up... doesn't he have to have proof that it wasn't a prank and proof that I did actually park my car there.

Other info:

I have a small, lowered honda civic. there is no way on earth i could get the car onto the curb without doing damage to the car.

It was a sidewalk that has a little 3ft wide patch of grass between the sidewalk and street. I wasn't blocking any sidewalk...

My question:

How can I get out of this situation without any fines?..THIS WASN'T MY FAULT... there's nothing i could have done.

how likely I am to win if i take it to court?

doesnt the officer have to prove that i pulled my car onto the curb? Can he just assume that I am guilty and force me to prove that I'm innocent? The way i see it, he has to prove that i did in fact pull onto the curb with my car and someone didn't put it there.

any kind of advice at all is greatly appreciated.

THANK YOU

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9 ANSWERS


  1. Regardless of the situation your car was on the curb...... therefore it was a valid traffic citation. If you try to contest it saying your car wasn't on the curb, it will be your word against the traffic officers and they will believe him/her over you. Long story short, you are going to have to pay the ticket but I would start a collection from the people who put your car on the curb to pay the ticket......


  2. Don't fight this, you would have a very low chance of winning it in court.

    I hope you can guilt your friends into paying it, if not, you always have something to hold over them if they ever get mad at you for doing something similar. =P

  3. what if you get your hillarious friends to split the ticket since they split the weight of your car when they lifted it?? whos' gonna pay for your car when one of these days someon slips and drops it??

  4. The car was cited for where it was not how it got there.  Go to court, bring your friends.  The judge may laugh and dismiss it, laugh and make you pay anyway, not laugh at all... you get the picture.  

    How it got there and whose fault that is is a different question then was the car in violation.  If you have to pay you can suggest to your friends that they pony up.  

    Good Luck and please let us know how this turns out.

  5. First of all, you say you "...got a $180 ticket the other day for illegally parking on the curb..."  Actually, that's not exactly accurate.  You didn't get a ticket for "parking;"  your car was ticketed for BEING parked.  There is a difference.

    Remember, with something like a parking violation, the "charge" goes to the vehicle and it's owner.  For example, say you loaned your car to a friend and he drove it downtown and parked at a meter that then expired, and the car was ticketed.  The violation is charged to the registered owner of the vehicle, not the operator.  That would be between you and your friend(s).

    Secondly, it is not the officer's responsibility to "prove" that it wasn't a prank.  He observed the car parked (i.e., stationary and unoccupied) in a manner that was illegal.  The fact that it is in fact there, parked in an illegal manner, is, in itself, proof (prima facie), and, in this type of situation, the court recognizes that the officer is a credible witness and is assumed to be telling the truth (why?  because it is assumed that he has no personal stake in the matter, whereas, you do).  So, any defense you might have to mitigate or explain the situation is your responsibility; you would be using what is called an "affirmative defense," in essence saying, "yes, it was that way, but...", and the burden of proof is yours.

    Good luck.  

  6. Well, your vehicle was on the curb..

    So someone will probably have to pay it reguardless.

    If my friends did that to me, i'd make them pay.

  7. What are you new to this country?  The cops don't have to prove ****.  This reminds me of that old saying- With friends like that.....  Get a clue, and some new friends.  

  8. well, sorry to say, but since it was your car, you are liable.

    however, if you feel it was 100% your friends fault, adress the issue with them and request they pay the fine.

  9. Pay the ticket,don't argue it and make your friends pay up.The car was parked illegal.How much fun is your "prank" now?Sorry.

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