Why It's a Shakedown

In case you haven't figured out why parking violations in Salt Lake City are a shakedown, let me break it down.

It's when you don't believe you're guilty, and in fact have decent evidence to support that, that's when it becomes a shakedown.

The first step is to contact a hearing officer and explain the situation to them. The ticket I received said "expired registration, no visible current registration, checked windows."

I sent a photo with the temporary registration in the front window and asked them to void the ticket. In fact, they even have a photo with the temporary in the front window.

Their reply was that it is supposed to be in the rear window, we'll reduce the ticket to $10 for improper display."

I still believe they are incorrect. I believe I have a strong argument. You can read about that here. You can read about how the shakedown has been going down and they even know about it here.

Instead of even hearing my well reasoned argument, they told me they will not void my ticket and my next option is to take it to court. This is where the shakedown begins.

• Time Invested  = 2-5 hours
• I have take time to go downtown to make a court date
• I have to take time to go back for my court date. (Trip #2 downtown)
• I have to prepare my case
• Money Invested = $265
• I have to pay the original fine of $30. 
• If I understand correctly, if I lose, I am out the $30
• If I lose, I'll also have to pay a $60 court fee. ($90 total now)
• I received another document that said the judge may impose attourney fees up to $175
• Fees for parking downtown X2 (?)

So what do most people do? Pay the $10 and cut their losses.  And that's exactly what parking@slcgov.com is counting on that you'll do.

That's why it's a shakedown.

The Shakedown Has Been Going Down for Quite Some Time

While researching which traffic statute I actually broke, a question parking@slcgov.com still hasn't been able to answer for me, I came across this article,"Beware of DMV's Fine Print"  in the Deseret news from 2011.

It tells the story of a guy that went though the same thing I'm going through. Read my first post, "The Shakedown" for the whole story.

The hearing officers keep coming back to the temporary states that it must be displayed in the rear window. It does, in very small print toward the bottom. But way before that, in much bigger and bolded font, it simply says window.

The hearing officer told the author of this news story that this happens a lot and he would reduce his fine to $10 for improper display.

Really? Then why has nothing been done in the past two years to clear up the ambiguity? This form is downloaded when one pays their registration. There isn't a bunch of boxes of these forms they need to use up first. They only have to make one change to one file stored on a server and just add "rear" to the first mention of where to put the temporary registration. The next person, and every person after, that prints it out will have the new form that clearly explains where the permit goes.

The fact they have not done it since 2011 is why I keep saying this is nothing more than a parking shakedown. They want you to make the mistake so they can fine you $10 or make you go to court. If they didn't, then why hasn't the verbiage been changed to be consistent?

Really? This Is Embarrassing

This is from one of the emails I received from parking@slcgov.com from one of their hearing officers. This is the person that decides if my request is reasonable enough to void the citation. 

"The reason why the parking notice cannot be dismiss is because it is require by State and City law that all vehicle are to have proper ‘display’ of current registration at all times.   Even if the vehicle was register but there was not proper display of current registration, still a violation  of the code. Also, the temporary itself become your plate until you either received your decals or the temporary is no longer valid, that’s the reason the temporary needs to be display and clearly visible.   Please read as follow:"

This goes way beyond a typo or a mistake or two. If this person was representing my company, I would be embarrassed.

What Statute Did I Violate?

Apparently that's a tough question for Salt Lake City to answer.

I've asked two times for the parking hearing officers at @slc.gov to show me the statute that states I need to display the temporary registration on my REAR window. This was the first thing they sent:

12.56.040: VEHICLES; REGISTRATION AND PLATES:Every vehicle at all times while being driven, stopped or parked upon the streets or alleys of this city, shall: a) be registered in the name of the owner thereof in accordance with the laws of the state, unless such vehicle is not required by the laws of Utah to be registered in this state; b) display in proper position two (2) valid, unexpired registration plates, one on the front and one on the rear of such vehicle; and c) when required, current validation or indicia of registration attached to the rear plate and in a manner complying with the laws of the state of Utah, and free from defacement, mutilation, grease and other obscuring matters, so as to be plainly visible and legible at all times. However, if such vehicle is not required to be registered in this state, and the indicia of registration issued by another state, territory, possession or district of the United States, or of a foreign country, substantially complies with the provisions hereof, such registration shall be considered as compliance with this code. (Ord. 48-86 § 1, 1986: Ord. 62-84 § 1, 1984: prior code § 28-3-177)

After I told them I don't see anything in that statute about a temporary registration or where to display it, they sent this:

41-1a-211.   Temporary permits -- Other laws applied.

            (1) (a) The division may grant a temporary permit to operate a vehicle for which:

            (i) application for registration has been made, or, in the case of a newly purchased vehicle, will be made;

            (ii) evidence of ownership is provided; and

            (iii) the proper fees have been paid.

            (b) The temporary permit allows the vehicle to be operated pending complete registration by displaying:

            (i) the temporary permit; or

            (ii) other evidence of the application under rules made by the commission.

            (2) If a vehicle is operated on a temporary permit issued under this section or Section 41-3-302, that vehicle is subject to all other statutes, rules, and regulations intended to control the use and operation of vehicles on the highways.

Again, there is no mention of where the permit must be displayed. When I pointed that out they replied, "On top of this section it says other laws apply." So, apparently, "other laws" are the ones I'm breaking. But they still can't tell me which other laws those are.

They have recommended that I get an attorney to advise me on the law, told me I can take this to court and said they will no longer reply to my emails.

I just want them to tell me the specific law I'm breaking. They contend I have broken a law and owe them $10. I want to know what is that law. Is that too much to ask?

The Shakedown

You know how you turn a resident against their city government? By making them feel they are being penalized for something that, in the big scope of it all, is really petty.

Salt Lake City is doing that to me right now.

I am being fined $10 because my temporary registration was in the front window. 

From an email exchange with parking enforcement: "The temporary needs to be cut and displayed in the REAR window per the instructions on the temporary.  Your citation has been reduced to $10 for improper display. "

Here is a copy of the temporary they asked me to reference. Do you see the word "rear" in front of "window?"

You don't? Oh, that's because those are not the instructions they want me to follow.  Ignore those instructions in the bold and a bigger font that most anything else on the page and read further. They want you to follow the other instructions that are in really fine print further down the page.

They will not overturn the citation. They keep coming back to I should have read the permit more closely. 

Let me point out what's wrong with their "instructions."

1. They're inconsistent. How am I supposed to judge which instructions to follow? The ones that come first? The ones that command the most visual hierarchy on the page, are bold and in a bigger font? Or am I supposed to follow the ones that come last and are in smaller font.
2. Half the instructions tell me one thing, the other half tell me another. They are inconsistent. The verbiage should reinforce and reaffirm that I need to put it in my rear window. Not cause ambiguity. 
3. The smaller version isn't even below the "cut here" line. That means if I cut it and take it to my vehicle, and then want to see where I should place it, those instructions are still back in the house with the other half.

They won't budge. To me, this is a perfect case why we have a process to contest a ticket. Which I did, and they told me I am still in violation. Now, I have to pay the $10 or go to court. 

They know most people will just pay the fine to be done with it instead of going to court.

That's a shakedown.