Hate Parking Tickets? Fixed Fights Them In Court For You
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There's no good argument along these lines. The social good of tickets is as a punitive measure to keep order. Tickets as a revenue mechanism is a social ill, full stop: it promotes the creation of bad law and corruption specifically designed to raise revenue. It's the same awfulness which results in speed traps, permanent toll roads, and red light or speeding cameras.
Most of the folks getting red light tickets are getting them from rolling forwards at 1mph while they look for oncoming traffic, though.
TL;DR - One particular city stopped issuing violations when the camera caught someone turning right on red with a 'rolling stop' because those don't really affect accident rate, revenue drops by 90%, the maker of the cameras sues the city. In other words, abject evidence that the makers and marketers of these cameras only care about revenue.
Maybe cyclists should just be allowed to proceed through a red light since they are unlikely to hurt anyone besides themselves... But the rule does kinda make sense. If there are lights that rely on car sensors then obviously fixing that would be the right thing to do regardless of the law.
I have a similar problem on my motorcycle. There are many lights which are not triggered by my being there. But the camera's always know. I wish they used the same loop / detector!
"Notwithstanding any other provision of law, if a driver of a motorcycle or moped or a bicycle rider approaches an intersection that is controlled by a traffic light, the driver or rider may proceed through the intersection on a steady red light only if the driver or rider (i) comes to a full and complete stop at the intersection for two complete cycles of the traffic light or for two minutes, whichever is shorter, (ii) exercises due care as provided by law, (iii) otherwise treats the traffic control device as a stop sign, (iv) determines that it is safe to proceed, and (v) yields the right of way to the driver of any vehicle approaching on such other highway from either direction. "
Not only does it create the incentive to shorten the red light, it's practically the only way to make them profitable for cities in many places.
In Northern VA they increased the yellow light time on intersections with red light cameras specifically because they only want to catch "genuine" red light runners.
This will go far more towards curtailing people running red lights than the existing "pay $100 and go consequence-free" system.
If red light cameras were there for safety, they would ding your driving record, not just be monetary fines.
In lots of countries, they do.
http://www.motorists.org/red-light-cameras/yellow-lights
This in turn has actually increased accidents. http://www.motorists.org/red-light-cameras/studies
(i'm citing this mainly for the links, they are clearly a biased site).
They also found that accidents were increased.
http://www.utsandiego.com/news/2013/Feb/01/san-diego-red-lig...
In England speed cameras have gone through a few weird changes. The first is that they must only be put up in accident blackspots. The second, following from the first, is that the cameras must be highly visible.
So now instead of grey cameras installed on many roads helping keep all drivers under the speed limit we have a few very visible cameras in known locations that many drivers can slow down for, but driving fast at all other times.
Frankly, anyone getting caught by a UK camera deserves the fine.
Not all laws that are heavily disliked are bad laws, and not all laws that most people like are good ones.
This leaves all manner of unsafe drivers free to proceed with making illegal and unsafe maneuvers on the road without a snowball's chance in hell of ever being prosecuted for it. In most North American jurisdictions, what do you think the ratio of speeding tickets to tickets for all other traffic offenses is? Do you think someone doing 55 km/h in a 50 km/h zone is more dangerous that the person who always plays chicken with left-turn traffic by blazing through the tail end of yellow lights at intersections? The person who stops traffic to make an illegal left turn in the same place every day? The person who doesn't turn on their lights on the freeway driving 100 km/h at night when it snows?
Especially in the UK.
To my mind, the goal of speed limits is to promote road safety by encouraging drivers to proceed at a safe speed that is suitable for road conditions. This is undermined when authorities build an expressway-style road that you'd find rated for 80+ km/h in a traffic engineering handbook and then set a much lower limit and have it enforced with radar traps. This is about collecting revenue, not promoting safety.
I visited Norway, which has photo radar, but also warns you that you're approaching it. The intention seems to be to get you to slow down rather than to stick you with a ticket. It works and I agree with photo radar when it is used this way.
Here are reasons that (if true) make a lot of sense. It sounds like where you live, the laws around them are very reasonable; for many people that's not the case.
I don't have sources for these claims, I'm only repeating what I've heard/read, since you asked. I don't have real feelings about them either way, as we don't have them where I live.
- Red-light cameras actually increase accidents and injuries. More people slam on the breaks to avoid tripping them, instead of being slightly past the stop bar or entering when the light is yellow.
- When they are hidden (as many are), they do not effectively slow people down; they don't make the roads safer.
- As conditioning for future behavior, they are ineffective; studies show that when the punishment is after the misbehavior, the mind doesn't link the two together as well.
Disclaimer: I don't live in Seattle any longer so the situation I am about to describe may have changed in recent years (but I doubt it).
Story: There's a 5-way intersection near the University of Washington campus. The city put up cameras and started collecting hundreds of thousands of dollars per year in fines. Problem: city ordinance stated something like any ticket resulting from a photo must come from a camera mounted at a 90 degree angle to the street. Notice the bit about it being a 5-way intersection? None of the roads came together at a 90 degree angle. Point was, the city continued to violate their own ordinance for years because that single intersection was a cash cow - the whole system was automated so the pictures were taken, cars identified, tickets mailed. THAT is why there is so much outrage about cameras in the US - it's the Man kicking us around.
I never buy an argument that is so simple. Tickets are a revenue source and that keeps taxes lower on the backs of people who flaunt the law. If the alternative is New York where parking is such a cluster it's an impediment to business, I think I might take the corruption. It's a far more nuanced problem than you're making it.
Political oversight of revenue sources is necessary, yes, but to say they are an unmitigated bad is to be ignorant of most local budget processes.
I've been given tickets for parking illegally when I was parked in my own residential parking lot, while displaying the required parking tag on my dash. It was done deliberately in the off chance that I might be too lazy to fight it. It's that kind of blatant disregard for the spirit of the law that they are arguing against, not tickets being a source of revenue in the more general sense. Granted, I'm not them, so maybe they were - but that was what my impression was from their comment.
These tickets disproportionately target the poor, who have the hardest time paying them on short notice, leading to additional fines that accumulate and build on each other. So officials are incentivized to either game the system by doling out tickets more than is socially productive or by targeting people who are most likely to pay back the most in fines.
The revenue has to go somewhere, but it absolutely should not go into the pockets of the agency issuing the fines. Where should it go? Best case would be to reimburse the people harmed by the social ill that's being fined: that level of targeting is hard, leaning toward impossible. Next best is to give everyone an equal share of the fines: this is also difficult, and overly costly for what would amount to a couple bucks. Third best would be to have it go into the government's general fund, to the exclusion of the agency issuing the fines. Fourth best would be going straight to the general fund.
Second worst is giving it to the agency issuing the tickets, which is where we're at now. Worst of all would be allowing the officers issuing the fine to pocket it themselves, which leads to the lowest levels of ability to audit and the most perverse and misaligned incentives.
>Fourth best would be going straight to the general fund.
I'm curious where you think it goes? I have worked at a number of municipalities and all revenue goes to the general fund. During the budget process departments predict expected revenue. This is taken into account when setting the city budget overall (which also takes into account tax revenue and reserves). No money "goes into the department's pockets". They account for it and turn it over to the city's auditor. Those fees go into providing city services, it's not like they are lining someone's pocket.
My issue is the term "full stop". That is not a good way to deal with problem solving in the real world. I have been to municipalities where there is little to no parking enforcement or that have very lax parking laws (ahem, New York) and I don't personally find it pleasant. No system is perfect, they all require political oversight and constant vigilance, but most states have open records laws that allow you (or local press) the audit these processes and the revenue raised. All systems should have recourse in case of design flaw or human flaw. All systems should have the final say rest with citizens through their elected officials.
1) I said nothing about whether parking enforcement should be lax or not: that's an entirely separate question from how it's funded.
2) Municipalities do differ, but the fee associated with a ticket either often ends up divvied up to agencies related to the ticket-issuing. See [1], for instance. (I couldn't find one where that wasn't the case, but I suspect that's probably because of people complaining loudly about this issue, resulting in Google giving a bad sample)
3) The meta-political discussion seems odd to me: no one (here, at least) is saying we should move to an authoritarian regime that institutes all these regulations by fiat. Speaking for myself, I want the public to build democratic governance structures that give officials the correct incentives to maximize social good.
[1] https://exploreb2b.com/articles/where-does-your-traffic-tick...
As to point 2, I am sure there are municipalities that work like that, just that I know of none and that the article is a bit flimsy. I don't disbelieve that what you say occurs does, but I do believe that if there's an issue, it should be uncovered by a careful audit.
That's only correct if you believe parking fines are fairly administered.
If not, they are in fact a social ill.
You 'flout' the laws and you 'flaunt' your ridiculous good looks.
Tickets as a revenue mechanism is a social ill because it's usually a regressive tax in practice. Most people don't seem to have a problem with "luxury tax"-style revenue generation.
Do you have a negative view of "permanent toll roads" because it happens to be regressive since poor people often have to drive, even though it's a more usage-based tax?
I know a few people who work at such companies, and they all have some sort of subscription service with a third party that handles all these parking tickets for them. If they lose, they pay the ticket, nothing else. If the company wins, they pay a percentage of what the ticket was.
To give you an idea of what type of advantage cops take over these drivers.. There are a few streets in NYC that a friend's company makes deliveries to. The cops know the delivery schedules, are make sure to be there on time, dropping off the ticket pretty much as the vehicle parks. One of the drivers confronted the ticketing cop once, only to be shrugged off with: "What do you care? You're not the one paying for it."
I'm glad to see this come as a service to the general public. There's some hope that with enough people fighting bogus tickets, someone will eventually get the message and stop handing them out so casually.
The other issue is that perhaps the businesses want the parking for customers. Seems silly to cut off a bunch of parking for 20 minutes of deliveries in a day as well.
Lots of cities were just not designed with the modern world in mind and these industries grow out of the problems.
In retrospect, I should have contested these tickets by going to court, grilling the parking attendant (under oath) on the details, getting them very specifically, and then catching them in an act of perjury with evidence. Would Fixed go the extra step to do this? Someone needs to hold these attendants accountable.
This prompted me to sell my car within a month and switch to ZipCar.
She tells me that if you actually could prove they didn't give enough notice, there is a $1000 fine for the construction company.
Local jurisdictions are heavily incentivized to hand out infractions of any kind -- deserved or not. Why? Because they keep the money.
What do they spend the money on? Things like public employees and their benefits, including pensions. It's clearly a perverse incentive.
https://en.wikipedia.org/wiki/Perverse_incentive
I've always thought that government shouldn't benefit from fines or seized property. I'm not sure what a good solution is. Perhaps they should take the money from fines and just light it on fire.
There shouldn't be a financial incentive for governments to hand out tickets and fines and seize property - the democratic incentive should be enough.
Are you saying it is impossible to escape their devious plans, because I have managed to avoid a parking or speeding fine for the last 20 years, simply by following the rules.
I’ve now read a half a dozen comments in this thread that I can sum up as "I once got a parking ticket that I shouldn't have, all parking authorities are incompetent and corrupt." No one's telling you that you shouldn't be allowed to challenge a ticket or to address the issue with your locally elected official.
I think that's exactly what the person I responded to was saying. If obeying the law never results in being issued a ticket, there's no reason they should allow tickets to be challenged.
The starter of this thread is clearly being tongue in cheek.
The next person was addressing that by arguing that corruption causes people to get unnecessary parking tickets.
The next one was saying that he was overstating that because he himself had managed to avoid that (side note: so have I).
I don't think: "you should not be allowed any redress on parking tickets" was ever broached.
What I take out of this is that there are bad parking tickets and there is a system for dealing with bad parking tickets. No system is perfect, all systems have compromises, design flaws and humans who make real mistakes implementing them.
Accepting this I personally feel revenue from parking tickets is an excellent way to keep taxes lower. I happen to see this process in action as part of my employment, so perhaps I am biased. I have also seen places who basically feel the way you do about parking enforcement and I do not like it (I’m looking at New York here). I will take the tradeoffs and if I choose not to, I will address the problems with my elected officials whose job it is to oversee the budget process to avoid exactly the kinds of corruption we’re speculating exists.
We're not speculating. I live in a suburb of Philadelphia. Last summer our traffic courts were permanently closed, their cases turned over to the municipal court system. 9 of the traffic court judges, and 3 other city officials, were indicted on criminal charges related to fraud and corruption.
But that does not indict all parking tickets everywhere or the system of issuing parking tickets. It indicts a suburb of Philadelphia.
It's like saying that when a sports official gets a call wrong (or even worse, is corrupt), it indicts every team that's ever played that sport and the very act of playing that sport.
> It's not like they are walking into your driveway and giving you a ticket.
Yeah, they actually do that too [Google: 19,600 results for ticket "parked in my own driveway", and personal experience]. You're either overtly biased by your employment where you're taking part in this revenue, or you're wholly ignorant of what it's like to park regularly in some of the largest cities in this nation. Either way, your commentary is uninformed.
I do however, question this statement, which you seem to be tacitly supporting, though perhaps I'm wrong and we're pursuing semantics down a gopher hole:
"I've always thought that government shouldn't benefit from fines or seized property. I'm not sure what a good solution is. Perhaps they should take the money from fines and just light it on fire.
There shouldn't be a financial incentive for governments to hand out tickets and fines and seize property - the democratic incentive should be enough."
To me that seems flat out ridiculous. Corruption does not make a form of revenue invalid, it means the people who benefited from it should go to jail. With political oversight and transparency, there's no reason that the revenue from fines shouldn't go back into the community in the form of improved services and lower taxes. Government should be transparent and responsive to the political direction of the community, but it shouldn't throw money away.
In the case of parking violations, it could go towards directly subsidizing the cost of legal parking -- building new structures, etc. That way, you're not creating a perverse incentive of people directly benefitting from the fines they issue.
I've always wondered how differently municipalities would behave were the fines forbidden from funding operations. For example, what if all fines had to be paid to a trust, and only the interest from the trust may be used for capital projects? Then only taxes could be used to pay for operations. At the federal level this change wouldn't make a big difference, but at the local level it would affect 50% of some budgets.
I imagine a lot of what seems like frivolous ticketing would shift towards something else.
Edit: @stinkytaco -- Agreed. Maybe frivolous tickets would be replaced with frivolous taxes? The money does have to come from somewhere, and I agree that the vast majority of civil servants are just enforcing otherwise reasonable laws :) Still a fun thought experiment.
It's not like they are walking into your driveway and giving you a ticket. People who get tickets are parked illegally. Those who are not are welcome to challenge the ticket and not pay it.
I frankly see no problem with citizens benefiting from people who don't think parking laws should apply to them through the increased services and lower taxes gained by parking revenue.
Going out of town for the weekend? Make sure you call your friend and arrange to have your car moved once or twice while you're gone. Working late? Better move your parked car in case you're in the wrong zone outside of daylight hours. Having a car required more maintenance than having a cat when I was living there. Even if I wasn't using my car at all, I'd often have to move it three to four times a week just to avoid tickets. I ended up getting about one or two a month while there.
Helping people to deal with government labyrinths is always a good angle, especially when money is on the line. Here in Chicagoland there are dozens or hundreds of law firms that only exist to help residents appeal their property taxes. They do the research to find arguments for lower taxes, and do the legwork of appealing.
I would imagine that local government may have a hissy fit if this started to happen in other arenas, like for parking tickets, but there is clearly already an appeal process for tickets, and so they are really just using the existing system.
True story: it was the first night of the so called snow emergency (that never came). I was awoken to the sound of a tow truck at 3AM. Running outside (in my underwear) I yelled at the driver, WTF are you doing? There's no snow! He laughed and drove off with my car.
Went to the tow yard the next day and paid the ridiculous fine to get my car back. Pissed off, but whatever, move on.
The next night, same deal, no snow, but the car is towed again! This time, enraged, I walked down to the tow yard (30 minutes away); waited for the right moment (when one of the tow trucks was pulling out to go tow another car), jumped in my car, gunned the engine, and hauled ass out of the yard...and back to my place in the same dry parking spot -- total coup d'etat.
Nothing happened, tow yard probably didn't even know they had my car in the first place.
Moral of the story: ignore reality (i.e. the weather), if the state declares a snow emergency, find off street parking.
They're often time just more taxes for things like parking 19 vs 18 inches from the curb, even in cases where no traffic (including cyclists) are impeded or endangered.
At least where I live they tow people by the truckload from lots that aren't even marked as required by law, and then hold the vehicles hostage for ransom, though so far as I'm aware no law authorizes the theft.
All it takes is to submit a letter. Doesn't say who has to submit the letter.
I assume they've looked at legal ethics decisions before they opened for business. But who knows, start ups sometimes cut legal corners.
They may just have supervising attorney's who double check all the work before it goes out the door. A lot of small firms have teams of paralegals who do paperwork and one attorney who signs off.
In CA it's defined as: 'As the term is generally understood, the practice of the law is the doing or performing services in a court of justice, in any matter depending therein, throughout its various stages, and in conformity to the adopted rules of procedure. But in a larger sense it includes legal advice and counsel, and the preparation of legal instruments and contracts by which legal rights are secured although such matter may or may not be depending in a court.'
My fiance got a ticket on Muni that was clearly in error (her Clipper Card record showed her tagging 9 minutes prior to the ticket being issued). We followed the instructions for submitting a protest, and never heard back. After some back and forth, it seemed like the protest process was just /dev/null-ed, so we paid up just to make the problem go away.
My take-away was that if you wanted to actually fight a citation you'd have to take them to court. As I understand it, fare evasion was a criminal offense until a few years ago, when they decriminalized it in favor of the new citation system, in order to save money on court costs.
It also changes the requirement from "proof beyond a reasonable doubt" to "the preponderance of the evidence", a much lower standard.
There would not be a word for it if that form of corruption wasn't endemic.
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Two plugs for startups that have nothing to do with parking?
And I didn't read the article because I don't click on links to techcrunch.
There is an existing appeal process, and it's likely that they either say, "Okay, ticket dismissed" or "Sorry, ticket stands, send payment in."
I assumed this meant that Fixed would be picking up the legal fees (likely with the revenue from winning cases). If not, then there's really no advantage to using it except you don't have to show up to the court date.
It's only when you request the trial that court costs and higher penalties come into play.
This is probably one of the better legal start ups.