RES 93068 - Laserfiche WebLink

the parking penalty, or that a viable defense exists which would limit the contes~ant's liability for late payment ~enalties. (ii) Defenses-late payment penalties. Non-receipt of the notice of violation itself, if based on sufficient credible evidence, may constitute a defense to late payment penalties based on non-payment of the notice of violation. Non-receipt of the notice of violation, however, is not a defense to late response to the notice of delinquent parking violation. The defense of non-receipt of the notice of violation is not available to the registered owner, where the person operating the vehicle at the time of the citation was not the registered owner. Clear proof of timely payment of the citation is a defense to late payment penalties. (iti) Defenses--merits of cita~ton. Defenses relating to the merits of the citation must be established by the cont~_stant by credible evidence. Such defenses may include, but are not limited to signage matters (missing, obscured or defaced signs), where the contestant demonstrates that it' was impossible for him or her to become aware o~ the applicable parking restriction; recent loss of parking permi~ or- placard, accompanied by clear proof of the exercise of due diligence in efforts to replace the permit or placard; mechanical breakdown of the vehicle, where the vehicle was not illegally parked prior to the breakxt~wn, where the violation in fact results from the breakdown*-and reasonable steps were taken to remove the-vehicle prior t~the occurrence of the violation. Personal reasons, inconvenience, lack of funds, forgetfulness, failure to observe signs, la~k oZ available perking elsewhere, lac3c of knowledge of the applicaaale restrictions, and similar or related matters are not under any circumstances a defense to liability for the parking penalties. No defense which was not included in thel statement ofI reasons contained in the contestant ' s appeal hearing request' wil~ be cons idered. do ~- (t) Rules of~ evidenoe. The rules* of evidence for civil court proceedings shall not apply in hearings conducted pursuant to this Procedure. Evidence relevant to-the issues raised by. the contestant' s statement of reasons, and to the validity of the citation itself under California Vehicle Code Section 40202, will be received. Determinations of credibilit~r of evidence are committed to the sound discretion of the hearing officer. (ii) Form of evidence. Other than the citation and the Department of Motor Vehicles information, the hearing officer shall receive into the record the City Police Department's record from the administrative review, together with relevant testimony, documentation and other material which is -8-