Fight a Dallas parking citation for a stolen or unauthorized vehicle
You were not the person who stopped, stood, or parked the vehicle at the time and place of the violation -- because the vehicle had already been reported stolen and had not been recovered, because someone else was operating it without your consent, or (for rental/leasing companies) because you can identify who was actually renting the vehicle at the time.
the statement
Copy, customize, submit.
To: City of Dallas Parking Adjudication Office Re: Citation No. [CITATION NUMBER] Plate: [PLATE] ([STATE]) Date/Time: [DATE], [TIME] Location cited: [LOCATION] I deny liability for this citation and respectfully request that the Hearing Officer find me not liable at my administrative adjudication hearing. [SELECT THE GROUND THAT APPLIES — Stolen vehicle: At the time of this citation, my vehicle, plate [PLATE], had been reported to [POLICE DEPARTMENT] as stolen on [THEFT REPORT DATE], before the date of this violation, and had not yet been recovered as of [DATE]. Dallas City Code Sec. 28-130.4(d) provides that "It is a defense to any charge of a parking violation that, at the time of the violation, the illegally parked vehicle was reported to a police department as having been stolen prior to the time of the violation and had not yet been recovered." Unauthorized use: At the time of this citation, my vehicle was being operated by [OPERATOR NAME] without my express or implied consent. Dallas City Code Sec. 28-130.4(a) shifts sole liability to the operator, off the registered owner, where the owner proves the vehicle was operated without the owner's express or implied consent. Rental or leasing business: I am a vehicle rental or leasing business, and within 30 days of receiving written notice of this violation I am identifying the renter in possession of the vehicle at the time of the citation — [RENTER NAME], driver's license number [DL NUMBER], state of issuance [STATE] — or attaching a true copy of the rental/lease agreement in effect at that time. Dallas City Code Sec. 28-130.4(b) exempts a rental/leasing business from liability on that basis.] I ask that this citation be found not liable on that basis, notwithstanding the presumption in Dallas City Code Sec. 28-130.4(e) that the registered owner of record is the person who parked the vehicle illegally. Attached: [police report showing the vehicle was reported stolen before the violation date and had not been recovered as of the citation; or a police report or affidavit proving unauthorized use; or a renter-identification affidavit or true copy of the lease/rental agreement in effect at the time of the citation; and vehicle registration or TxDOT record confirming the ownership details in dispute]. Respectfully, [YOUR NAME] [ADDRESS] [PHONE] [EMAIL]
This template is for informational use only. It is not legal advice and does not create an attorney-client relationship. Square-bracketed placeholders must be replaced with your specific facts. Rules and deadlines can change; if your situation is urgent, complicated, or high-stakes, email info@imfrustrated.org for a free conversation with a volunteer attorney before you send it.
how to submit it
A few things before you send.
- 1Read the citation carefully: Dallas parking citations already state your administrative adjudication hearing's date, time, and location -- by law that hearing must be set not later than 15 calendar days after the citation was issued (Sec. 28-130.2(b)(4)). There is no separate step of 'requesting' a hearing date; one is already on the ticket.
- 2Decide how you will 'answer' the citation before that date. Sec. 28-130.5(a) gives five options: (1) admit liability and pay the civil fine; (2) deny liability before a hearing officer, either at an instanter (walk-in) hearing any business day before the scheduled date, or at the scheduled hearing itself; (3) admit liability with an explanation at either of those hearings; (4) request permission from a hearing officer to adjudicate by mail; or (5) request to reset the scheduled hearing to a later date (allowed only once for free -- resetting again requires paying an amount equal to the fine as security, which is refunded if you are later found not liable).
- 3If you request adjudication by mail for good cause (e.g., you cannot appear in person), submit your written statement and documentary evidence (letters, affidavits, photographs, etc.); the mail adjudication must be completed within 90 calendar days of the citation date (Sec. 28-130.6).
- 4At an instanter or scheduled hearing, present your evidence. The parking citation itself is only prima facie (rebuttable) proof of the facts it states -- the issuing officer does not have to be present unless requested -- and the hearing officer decides based on a preponderance of the evidence, not the formal rules of evidence (Sec. 28-130.7(b)-(c)).
- 5The hearing officer rules immediately at the end of the hearing: either liable (with civil fine, penalties, and costs assessed, and notice of your right to appeal) or not liable (Sec. 28-130.7(d)).
- 6If you do not answer within 15 calendar days of issuance, or do not appear at a hearing you were required to attend, that is treated as an automatic admission of liability, and fines/penalties/costs are assessed against you without a hearing (Sec. 28-130.8(a)).
- 7If you are found liable and disagree, you may appeal to Dallas Municipal Court by filing a petition with the municipal court clerk, along with a $15 filing fee (refunded if you win), within 30 calendar days after the hearing officer's order is filed. The appeal is a trial de novo -- a fresh civil case, which you may request be heard by a jury -- and the municipal court's decision is final (Sec. 28-130.12).
bring receipts
Attach this evidence.
- ✓Stolen vehicle: a police report showing the vehicle was reported stolen before the violation date and had not yet been recovered as of the citation
- ✓Unauthorized use: proof someone else used or operated the vehicle without your express or implied consent (e.g., a police report or affidavit)
- ✓Rental/leasing companies: an affidavit with the renter's true name, address, driver's license number and state of issuance, or a true copy of the lease/rental agreement in effect when the citation was issued, submitted within 30 days after receiving written notice of the violation
- ✓Vehicle registration/TxDOT record confirming the ownership details you're disputing
what Dallas rules say
The rule this rests on.
Dallas City Code Sec. 28-130.4(d) -- defense that the vehicle was reported stolen before the violation and not yet recovered
Dallas, Tex., City Code ch. 28, art. XI, div. 7, § 28-130.4(d)
Dallas presumes the registered owner of a vehicle is the person who parked it illegally, provable by a computer-generated TxDOT registration record (Sec. 28-130.4(e)). Sec. 28-130.4(d) codifies an explicit defense: 'It is a defense to any charge of a parking violation that, at the time of the violation, the illegally parked vehicle was reported to a police department as having been stolen prior to the time of the violation and had not yet been recovered.' Separately, Sec. 28-130.4(a) shifts sole liability to the operator (off the owner) if the owner can prove the vehicle was operated without the owner's express or implied consent, and Sec. 28-130.4(b) exempts a vehicle-rental/leasing business from liability if, within 30 days of written notice of the violation, it supplies the renter's identifying information or a copy of the rental agreement in effect at the time of the citation.
if this doesn’t work
Your next move.
If the Hearing Officer finds you liable and you disagree, you may appeal to Dallas Municipal Court by filing a petition with the municipal court clerk, along with a $15 filing fee (refunded if you win), within 30 calendar days after the Hearing Officer's order is filed. The appeal is a trial de novo -- a fresh civil case, which you may request be heard by a jury -- and the Municipal Court's decision is final (Dallas City Code Sec. 28-130.12).
questions people ask
FAQ.
Does Dallas presume I parked the vehicle just because I own it?
Yes. Sec. 28-130.4(e) presumes the registered owner of record is the person who parked the vehicle illegally, provable by a computer-generated TxDOT registration record. This defense rebuts that presumption on one of three grounds: stolen vehicle, unauthorized use, or a rental/leasing agreement.
What if my vehicle was stolen?
Sec. 28-130.4(d) makes it a defense that the vehicle was reported to a police department as stolen before the violation and had not yet been recovered — attach your police report.
What if someone else was driving without my permission?
Sec. 28-130.4(a) shifts sole liability to the operator, off the owner, if you can prove the vehicle was operated without your express or implied consent.
I run a rental/leasing company — how do I respond?
Sec. 28-130.4(b) exempts a rental/leasing business from liability if, within 30 days of receiving written notice of the violation, it supplies the renter's identifying information (name, address, driver's license number and state) or a copy of the rental agreement in effect at the time of the citation.
Nervous about sending it yourself?
we’ll read it over with you.
Email the situation and a volunteer attorney will respond. No commitment, no invoice, no judgment — just an honest second pair of eyes from someone who actually understands the law.
info@imfrustrated.org