Parking Citiations

Contesting a Parking Citation

Per California Vehicle Code Section 40220, the following procedures are to be followed for contesting parking citations. This mechanism provides you with three (3) levels of review for your parking citation and must be followed in order.
  
 1. Request for Investigation
  1. Pursuant to CVC Section 40215(a), you may first contest a parking citation by completing the Parking Citation Cancellation Request form.
  2. You may pick up the form at the Pismo Beach Police Department or call and request the form be mailed via USPS, e-mailed, faxed or download from this website.
  3.  You must respond within 21 days of receiving the citation by delivering the completed form to: 
                  Pismo Beach Police Department 
                  1000 Bello Street
                  Pismo Beach, CA 93449
                  Attention: Parking Citation Contest
  4.  Upon receipt of this form, a supervisor from the police department will conduct an investigation into the circumstances pertaining to the issuance of the citation.
  5. If based on the results of the investigation the supervisor is satisfied the violation did not occur or that the registered owner is not responsible for the violation, the citation may be cancelled. However, the supervisor may find the violation did occur or that the registered owner is responsible for the violation. You will be notified of the results of the investigation.
      

2. Request for Administrative Review Hearing

  1. Once you receive the results of the investigation and you are still not satisfied, you may request an Administrative Review Hearing by completing the Parking Citation Administrative Review Form within 21 days of the investigation results being mailed to you from the Police Department. You must mail in or deliver the Parking Citation Administrative Review Form along with the parking penalty by check or money order to the Police Department. A hearing will then be conducted and you will be notified of these results. If you are exonerated, the parking penalty will be returned to you with the final decision.
  2. You may pick up the form at the Pismo Beach Police Department or call and request the form be mailed via USPS, e-mail, or faxed to you or download a form from this website. 
  3. The Administrative Review Hearing is an informal hearing to determine whether or not the officer had reasonable cause and authority to issue the parking citation. You will be notified as to the date and time of the hearing and you have the right to attend on your behalf. You may also bring any witness or representative.

 

 3. Appeal to Municipal Court

  1. After you have received the final decision resulting from the Administrative Review Hearing and are still not satisfied with the finding, you may appeal the decision to the San Luis Obispo Superior Court within 20 days after the mailing of the Administrative review finding (CVC 40230). The matter will be heard "de novo." 
  2. You must appear at the San Luis Superior Court and obtain a Notice of Appeal. The court will affix a case number and set a court date. The court will also collect a $25.00 filing fee. You will be instructed to serve a copy of the notice to appeal to the Pismo Beach Police Department.
  3. The Police Department will send the court a copy of the parking citation and documentation from the Administrative Review Hearing as prima facie evidence of the facts.
  4. The court de novo hearing does not provide for appearance of the citing officer or any other member of the Police Department. You may elect to subpoena anyone you wish to testify.
  5. The Municipal Court will notify the Police Department of the ruling on the appeal. If the court decides in your favor, the Police Department will return the parking penalty to you.