Contesting a Parking Citation

The Citation Appeal Process is provided for the review and processing of contested parking citations involving violations of the California Vehicle Code and California State University Hayward Parking Policies relating to the parking of vehicles within the area of jurisdiction of California State University, Hayward. The University Police Department acknowledges that it is important that the adjudication process be fair and convenient from the viewpoint of those contesting alleged parking violation, while at the same time being efficient, centralized and uniform. The policies and procedures that have been established for the operation of the Citation Appeal Process are designed to be fair and efficient. It is the primary goal of the Citation Appeal Process to provide all individuals issued a parking violation a forum in which the facts of their case may be reviewed fairly and a disposition rendered in a timely manner.

Individuals who have received a parking citation have the right to appeal the citation under a three-step process outlined by the Vehicle Code Section 40215.

Step 1  "Initial Review"
California Vehicle Code Section 40215(a)

1. Within 21 calendar days of the University Police Department's issuance of a Notice of Parking and/or Registration Violation, or within 21 calendar days of the citation processing agency's (Parking Management Bureau/CSUEB) mailing of Notice of Delinquent Parking Violation, the parking violation respondent may request the University Police Department to conduct an "initial review" of the citation notice.

2.  A request for initial review may be initiated by going to Parking Management Bureau (PMB) or by contacting the University Police Department Offices located at Library Room 1063 or by calling (510) 885-3791.

a.  If the University Police Department establishes that the violation did not occur, that the registered owner of the vehicle was not responsible, or that extenuating circumstances make dismissal of the citation appropriate, Public Safety will cancel the Notice of Parking Violation, or Notice of Delinquent Parking Violation, and will notify the citation processing agency of the dismissal.

b.  University Police Department will also notify the respondent in person, or via mail, of its decision to grant or deny the citation dismissal request.  If Public Safety denies the citation dismissal request, the respondent may appeal the decision as described in "Step 2."

Step 2 "Administrative Hearing"
California Vehicle Code 40215(b,c)

Within 21 calendar days following UPD's decision not to grant a citation dismissal, a parking violation respondent may request by telephone (1-800-700-4417) that an "administrative hearing" be conducted by the citation processing agency (Parking Management Bureau/CSUEB) Examiner.  The respondent may choose to have the hearing conducted by telephone, mail, or in person; however, the respondent will be required to deposit the amount of the parking penalty with the processing agency before commencement of the hearing. The Parking Management Bureau will notify the respondent in person, or via mail, of its decision to grant or deny the citation dismissal request.

Step 3 "Court Appeal"
California Vehicle Code 40230(a)

Within 30 calendar days following the parking management Bureau/CSUEB Examiner's decision not to grant a citation dismissal, the respondent may file an appeal to be heard by the Municipal Court.  The Court requires a $25 fee for the filing of the appeal and will retain the fee regardless of the outcome of the appeal decision.  If the Court finds in favor of the respondent, the Parking Management Bureau/CSUEB will reimburse the appeal fee.

Parking Citation Dismissal Considerations

A. As specified in California Vehicle Code Section 40202 (f)  “Under no circumstances shall a personal relationship with any officer, public official, or law enforcement agency be grounds for cancellation.”

B. Circumstances that may provide reason for cancellation of a parking citation generally includes the following categories.

1. Administrative error.

a. Administrative notification procedures and timetables specified by the California Vehicle Code was not followed in issuance or processing of a citation.

b. Officer erroneously cites a vehicle, or erroneously fills out a Notice of Parking violation in a manner that casts doubts as to the identification of the vehicle.

c. Misinformation by a University parking enforcement official results in the issuance of a parking citation.

2. Failure of the parking/traffic environment.

a. Parking meter malfunction.

b. Control devices, signs or signals malfunction.

3. Emergency circumstances.

a. Verifiable personal or University emergency.

4. Policies.

a. Laws or regulations exercised are not applicable to the situation or exercised in error.

5. When the citation is the result of obvious confusion in regards to parking regulations, lot or stall markings and/or signage. However, ignorance of the law is not a valid defense.

6. A parking citation was issued for "no permit" because the permit has been stolen that day.

 7. An individual cited for improper use of a disabled placard and who can show that he/she is the holder of, or authorized to use a disabled placard.

8. In the Interest of Justice - After reviewing all information, the Parking Administrator may determine that justice would not be served by imposing a penalty.

9.  When an individual has shown that he/she went above and beyond in trying to comply with the University's parking regulations.  

Parking Citation Initial Review Request Form