Fight a San Diego parking ticket for a sold, transferred, or stolen vehicle
The vehicle was sold or transferred before the citation date, or was stolen before the citation was issued (whether later recovered or never recovered), so you were not the person responsible for the vehicle at the time of the violation.
the statement
Copy, customize, submit.
To: City of San Diego, Office of the City Treasurer — Parking Administration Re: Citation No. [CITATION NUMBER] Plate: [PLATE] ([STATE]) Date/Time: [DATE], [TIME] Location cited: [LOCATION] I am requesting an Administrative (Initial) Review of Citation No. [CITATION NUMBER] under California Vehicle Code §40215 and ask that it be canceled. I was not the person responsible for the vehicle bearing plate [PLATE] on [DATE], the date this citation was issued. [SELECT AND COMPLETE THE APPLICABLE SCENARIO: (a) I had sold or transferred the vehicle before this citation was issued, on [TRANSFER DATE], as shown by the enclosed proof of sale. / (b) The vehicle was stolen before this citation was issued — it was reported stolen to police on [DATE OF POLICE REPORT], and [IT WAS LATER RECOVERED ON [RECOVERY DATE] / IT HAS NOT BEEN RECOVERED].] [IF SOLD OR TRANSFERRED: I am enclosing the completed affidavit of non-liability printed on the back of the Notice of Parking Violation, together with proof of the sale, consistent with CVC §40210's affidavit-of-nonliability process for a registered owner who transferred the vehicle before the violation date.] [IF STOLEN: Under CVC §40200(b), the registered owner is not liable for a parking penalty where the vehicle was used without that person's consent, express or implied; I am enclosing the police report of the theft filed before the citation date[, and the vehicle-recovery report / and a letter from my insurance company documenting the loss, as the vehicle was never recovered]].] I ask that this citation be canceled on that basis. Attached: [for a sold/transferred vehicle: the completed affidavit of non-liability and proof of the sale; for a stolen vehicle: the police report, and the vehicle-recovery report if recovered, or a letter from my insurance company documenting the loss if never recovered]. 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.
- 1Note your citation number and the license/plate number, and confirm the violation code, date, time, and location printed on the citation. Any appeal must be requested (postmarked, if by mail) within 21 calendar days from the date the citation was issued, or 14 calendar days from the mailing of a notice of delinquent parking violation.
- 2Do not send payment with your appeal request, and do not simply pay the citation if you intend to contest it — under California Vehicle Code §40204(a), once the parking penalty is received and there is no contest, the proceedings terminate, closing off your right to appeal.
- 3Request the free Administrative (Initial) Review one of several ways: online through the City's Administrative Review portal (linked from sandiego.gov/parking/citations and sandiego.gov/parking/citations/appeal), by mail to Parking Administration – Citation Appeals, P.O. Box 129038, San Diego, CA 92112-9038, by fax to (619) 533-3205, by phone at (866) 470-1308, or in person. You have the burden of proof — submit the citation (or a photocopy) and all supporting evidence (statements, charts, diagrams, photographs, drawings, maps, or receipts) at the time you appeal; evidence will not be returned and copies will not be provided later. You do not attend a hearing at this stage.
- 4If your dispute is that you sold or transferred the vehicle before the citation date, complete the affidavit of non-liability printed on the back of the Notice of Parking Violation and mail it with proof of the sale to Parking Administration/Sold Vehicle at the same P.O. Box. If your dispute is that the vehicle was stolen before the citation was issued, mail a copy of the stolen-vehicle police report, a copy of the vehicle-recovery report (if recovered), or — if never recovered — a letter from your insurance company documenting the loss.
- 5Wait for Parking Administration to mail its Administrative Review decision. A notice of the decision is mailed to you regardless of the outcome. If the citation is canceled, you're done.
- 6If the citation is upheld, the decision letter includes instructions for the next step: you must request a formal Administrative Hearing no later than 21 calendar days from the mailing of the Administrative Review results. Under California Vehicle Code §40215(b), you must deposit the full amount of the parking penalty to request the hearing, unless you qualify for and are granted an indigency waiver under the issuing agency's written procedure.
- 7Choose your hearing format — in person before a hearing officer, or by submitting a written declaration — consistent with CVC §40215(c). An independent hearing examiner, who by law must be separate from the citation, collection, or processing function, decides the case and mails a written decision. If you are found not liable, your deposited penalty is refunded.
- 8If the hearing officer's decision is not in your favor, you may seek review by the San Diego Superior Court within 30 calendar days after the decision is mailed, under California Vehicle Code §40230. The case is heard de novo, and a civil court filing fee (set under Government Code §70615) applies; the fee is reimbursed to you by the processing agency if you prevail. The court's decision is final — there is no further appeal.
bring receipts
Attach this evidence.
- ✓Sold/transferred vehicle: the affidavit of non-liability printed on the back of the Notice of Parking Violation, completed and mailed with proof of the sale to Parking Administration/Sold Vehicle, P.O. Box 129038, San Diego, CA 92112-9038
- ✓Sold/transferred vehicle: documentation of the transfer date (bill of sale or executed sale/transfer agreement) predating the violation, and confirmation you notified DMV of the transfer under CVC §5602
- ✓Stolen vehicle: a copy of the stolen-vehicle police report filed before the citation date
- ✓Stolen vehicle: a copy of the vehicle-recovery report, if the vehicle was recovered, or a letter from your insurance company documenting the loss if it was never recovered
what San Diego rules say
The rule this rests on.
CVC §40210 — Affidavit of nonliability (sold/transferred vehicle)
San Diego's Citations page publishes separate "Sold Vehicle" and "Stolen Vehicle" procedures. For a sold vehicle, this tracks the statewide Affidavit of Nonliability process in CVC §40210: once the registered owner returns the affidavit showing a bona fide sale/transfer completed before the violation date, the processing agency verifies DMV confirmation that the owner complied with the CVC §5602 transfer-notice requirement (or accepts documentary evidence of the transfer date) and cancels the notice. For a stolen vehicle, the applicable statewide ground is CVC §40200(b), which relieves the registered owner of joint liability where "the vehicle was used without consent of that person, express or implied."
if this doesn’t work
Your next move.
If your Administrative (Initial) Review is denied, the decision letter includes instructions for the next step: you must request a formal Administrative Hearing no later than 21 calendar days from the mailing of the Administrative Review results. Under California Vehicle Code §40215(b), you must deposit the full amount of the parking penalty to request the hearing, unless you qualify for and are granted an indigency waiver under the issuing agency's written procedure. Choose your hearing format — in person before a hearing officer, or by submitting a written declaration — consistent with CVC §40215(c). An independent hearing examiner, who by law must be separate from the citation, collection, or processing function, decides the case and mails a written decision; if you are found not liable, your deposited penalty is refunded. If the hearing officer's decision is not in your favor, you may seek review by the San Diego Superior Court within 30 calendar days after the decision is mailed, under California Vehicle Code §40230. The case is heard de novo, and a civil court filing fee (set under Government Code §70615) applies; the fee is reimbursed to you by the processing agency if you prevail. The court's decision is final — there is no further appeal.
questions people ask
FAQ.
My car was sold before the citation — what do I send?
Complete the affidavit of non-liability printed on the back of the Notice of Parking Violation and mail it, with proof of the sale, to Parking Administration/Sold Vehicle, P.O. Box 129038, San Diego, CA 92112-9038.
My car was stolen — what does San Diego require?
Mail a copy of the stolen-vehicle police report filed before the citation date, plus the vehicle-recovery report if it was recovered, or a letter from your insurance company documenting the loss if it was never recovered.
Does this cover a car I just lent to someone who got a ticket?
No — San Diego's published procedures for this ground cover only a vehicle sold or transferred before the citation date, or stolen before the citation was issued, not general unauthorized use by someone you lent the car to.
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