Fight a Miami parking ticket for a stolen or non-permissive vehicle
Your vehicle was, at the time of the parking violation, stolen, or in the care, custody, or control of another person who did not have your permission to use it — or, if the vehicle was leased, it is registered in the lessee's name rather than yours.
the statement
Copy, customize, submit.
To: Miami-Dade Clerk of the Court and Comptroller — Parking Operations Department Re: Citation No. [CITATION NUMBER] Plate: [PLATE] ([STATE]) Date/Time: [DATE], [TIME] Location cited: [LOCATION] I am requesting a County Court hearing to contest this citation and respectfully ask that it be dismissed. I was not responsible for this vehicle at the time of the cited violation on [DATE]. [SELECT AND COMPLETE THE APPLICABLE SCENARIO: (a) The vehicle was stolen — it was reported stolen to the police on [DATE OF POLICE REPORT], before this citation was issued. / (b) The vehicle was, at the time, in the care, custody, or control of [NAME OF PERSON], who did not have my permission to use it; I am attaching a signed affidavit identifying that person, their address, and driver's license number. / (c) The vehicle was leased and is registered in the lessee's name, [LESSEE NAME], rather than mine.] Under Fla. Stat. § 316.1967(1), the owner of a vehicle is not responsible for a parking ticket violation if, at the time, the vehicle was stolen or in the care, custody, or control of a person who did not have the owner's permission to use it, or if the vehicle was leased and registered in the lessee's name. I ask that this citation be dismissed, or that responsibility for payment be shifted to the person named above, on that basis. Attached: [police report of the theft filed before the citation date; or a signed affidavit naming the person who had care, custody, or control of the vehicle with my permission, including their name, address, and driver's license number; or lease/registration documentation showing the vehicle is registered in the lessee's name]. 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 and decide what you're disputing: (a) a purely administrative error — you actually paid, or had a valid e-permit, but the citation says otherwise — or (b) the underlying violation itself.
- 2For (a) overlooked-payment or e-permit citations only: submit MPA's online "Citation Review" Waiver Request Form at workflow.miamiparking.com/citation-review/submit, attaching a copy of the citation and paid-status proof (receipt, credit-card statement, app confirmation, etc.). MPA emails you the result. Any other citation inquiry is directed to the county's Parking Violations Bureau.
- 3For a citation coded as violation 15 (disabled parking space) or 19 (stroller space) where a valid disabled permit was in use: skip the hearing process and submit the Clerk's "Affidavit — Disabled Parking Space" (or "Affidavit for Disabled Parking at Meter") with a copy of the permit registration, a photocopy of the permit owner's driver's license/ID, and the $7.50 statutory dismissal fee; the Clerk "shall dismiss the citation" on receipt of valid proof.
- 4For any other contest: request a County Court hearing within 30 days of the citation's issue date using the Clerk's "Request for Court Hearing" form (CLK/CT. 332). Submit it by email to parkingCT@miamidadeclerk.gov, by mail to the Parking Operations Department, or in person at any Clerk's Office location. Requesting a hearing waives your right to simply pay the civil penalty (Fla. Stat. § 316.1967(4)).
- 5The Clerk mails a Notice to Appear with your hearing date and Zoom/phone details (or check your hearing date anytime through the Clerk's Parking Service Assistant / online parking-citation search). Join by Zoom or phone at the scheduled time and present any evidence by sharing your screen.
- 6If you are found guilty, the court may impose an additional penalty (not exceeding $100) plus court costs, payable at the time of the hearing (Fla. Stat. § 316.1967(4)). If you fail to appear, the hearing may proceed without you and you may be found guilty as if you had attended — and, without a bond posted, the vehicle or license plate may be subject to impoundment.
bring receipts
Attach this evidence.
- ✓A police report of the theft, filed before or covering the violation date, if the vehicle was stolen
- ✓A signed affidavit naming the person who had care, custody, or control of the vehicle with your permission — including their name, address, and driver's license number
- ✓Lease/registration documentation showing the vehicle is registered in the lessee's name, for leased vehicles
what Miami rules say
The rule this rests on.
Fla. Stat. § 316.1967(1) — Liability for payment of parking ticket violations and other parking violations
This is a state-law defense that applies statewide to 'county or municipal parking ticket' violations, including City of Miami citations: Fla. Stat. § 316.1967(1) makes the owner 'not responsible for a parking ticket violation if the vehicle involved was, at the time, stolen or in the care, custody, or control of some person who did not have permission of the owner to use the vehicle,' and separately excuses the owner of a leased vehicle registered in the lessee's name. Where someone else had the vehicle with the owner's permission, the owner may instead submit a sworn affidavit identifying that person; the affidavit is admissible and raises a rebuttable presumption that the named person is responsible for payment instead.
if this doesn’t work
Your next move.
If the court finds you guilty at the hearing, it may impose an additional penalty of up to $100 plus court costs, due at the time of the hearing (Fla. Stat. § 316.1967(4)). Failing to appear for your scheduled hearing can result in a guilty finding as if you had attended, and — without a bond posted — your vehicle or license plate may be subject to impoundment. The record does not describe a further appeal step beyond the County Court hearing itself.
questions people ask
FAQ.
Does this defense apply to any Florida parking ticket, not just Miami's?
Yes. Fla. Stat. § 316.1967(1) is a statewide defense covering any county or municipal parking ticket, including City of Miami citations processed through the Miami-Dade Clerk of the Court.
What if someone else was using my car with my permission?
You can submit a sworn affidavit naming that person, including their address and driver's license number. The affidavit is admissible and raises a rebuttable presumption that the named person, not you, is responsible for payment.
Does this cover leased vehicles?
Yes — Fla. Stat. § 316.1967(1) separately excuses the owner of a leased vehicle that is registered in the lessee's name rather than the owner's.
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