Fight a broken-meter parking ticket in San Jose
You were cited for an expired or unpaid meter, but the parking meter or off-street pay station physically could not accept payment in any form, or could not register that a payment had been made.
the statement
Copy, customize, submit.
To: City of San José — Office of Parking Violations (Administrative Review) Re: Citation No. [CITATION NUMBER] Plate: [PLATE] ([STATE]) Date/Time: [DATE], [TIME] Location cited: [LOCATION] I am submitting this written Administrative Review request for Citation No. [CITATION NUMBER] and respectfully request that it be dismissed. On [DATE] at approximately [TIME], I attempted to pay for parking at [LOCATION] using the meter or pay station serving that space, meter/space/pole number [METER, SPACE, OR POLE NUMBER, IF VISIBLE]. The meter could not accept payment in any form: [DESCRIBE — e.g., blank or error display, rejected coins, rejected credit/debit card, no functioning screen or slot]. I tried [LIST EVERY PAYMENT METHOD ATTEMPTED], and each one failed. San José Municipal Code §11.40.390 makes payment of the posted meter charge a condition of parking in a metered space, but the excuse for nonpayment when a meter is broken comes from state law. Under California Vehicle Code §22508.5, a vehicle may park up to the posted time limit at a meter or payment center that is "inoperable," meaning it "cannot accept payment in any form or cannot register that a payment in any form has been made," and a local authority "shall not issue a citation for nonpayment of parking fees" in that situation. Because the meter at this location was inoperable within the meaning of that statute, I ask that this citation be dismissed. Attached: [time-stamped photo(s) of the meter's or pay station's error message or inoperable slot, a description of every payment method attempted and how each one failed, the meter/space/pole number, and any City service request or repair report I filed for this meter]. 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 confirm the violation code, date, time, and location printed on the ticket. Don't let it sit unanswered: the City states a ticket "must be paid or contested within 21 days," and — only as a courtesy, not a deadline extension — a reminder notice is mailed to the registered owner if the ticket is still unresolved after 15 days.
- 2Submit a written initial Administrative Review — the first level of the review process California Vehicle Code §40215 requires statewide — within 21 calendar days of the citation's issue date. Submit online at pticket.com/sanjose, in person at the Office of Parking Violations (210 N. 4th St., Suite 150, San José, CA 95112), or by mail to City of San José, P.O. Box 11023, San José, CA 95103-1023. Describe why the citation should be dismissed and include any supporting documentation — there is no fee to request this level of review.
- 3Wait for the Administrative Review decision, which is mailed to you. If the citation is upheld and you want to continue contesting it, CVC §40215 gives you until 21 calendar days after the mailing of that decision to request a second-level Administrative Hearing.
- 4Before an Administrative Hearing can be held, CVC §40215 requires you to deposit the amount of the parking penalty with the processing agency. The agency must have a written procedure letting a person who is indigent request a hearing without paying first, on satisfactory proof of inability to pay.
- 5The Administrative Hearing is decided by an examiner who, under CVC §40215, cannot be employed, managed, or controlled by anyone whose primary duties are parking enforcement, citation processing, collection, or issuance — and whose continued employment, evaluation, compensation, and benefits cannot be linked, directly or indirectly, to the amount of fines collected.
- 6If the Administrative Hearing decision is against you, CVC §40230 lets you seek de novo review in Santa Clara County Superior Court: file a notice of appeal within 30 calendar days of the mailing or personal delivery of the final decision and pay the filing fee set under Government Code §70615 (the fee is reimbursed to you by the processing agency if the court rules in your favor).
bring receipts
Attach this evidence.
- ✓Time- and date-stamped photos of the meter's or pay station's error message, blank screen, or inoperable slot
- ✓A description of every payment method you tried (coins, credit/debit card, the parking app) and exactly how each one failed
- ✓The meter number, space number, or pole number, if visible in your photos
- ✓Any City service request or repair report you filed for that meter, if applicable
what San Jose rules say
The rule this rests on.
CVC §22508.5 — Inoperable parking meters and payment centers
San José Municipal Code §11.40.390 makes payment of the posted meter charge (by coin or another authorized method) a condition of parking in a metered space, but does not itself excuse nonpayment when the meter is broken — the excuse comes from state law. Under California Vehicle Code §22508.5, a vehicle may park up to the posted time limit at a meter or payment center that is "inoperable," meaning it "cannot accept payment in any form or cannot register that a payment in any form has been made," and a local authority "shall not issue a citation for nonpayment of parking fees" in that situation. A meter that still accepts some, but not all, payment types is not "inoperable" under this definition.
if this doesn’t work
Your next move.
If your Administrative Review is denied, CVC §40215 gives you 21 calendar days from the mailing of that decision to request a second-level Administrative Hearing. Before the hearing can be held, you must deposit the amount of the parking penalty with the agency (waivable on satisfactory proof of indigency). The Administrative Hearing is decided by an examiner who, under CVC §40215, cannot be employed, managed, or controlled by anyone whose primary duties are parking enforcement, citation processing, collection, or issuance, and whose compensation cannot be linked, directly or indirectly, to fines collected. If the Administrative Hearing decision is against you, CVC §40230 lets you seek de novo review in Santa Clara County Superior Court: file a notice of appeal within 30 calendar days of the mailing or personal delivery of the final decision and pay the filing fee set under Government Code §70615 (reimbursed to you by the processing agency if the court rules in your favor).
questions people ask
FAQ.
Is it enough that the meter didn't take my card?
Only if the meter was truly inoperable — CVC §22508.5 defines that as a meter that cannot accept payment in any form, or cannot register that payment was made. A meter that still takes coins but rejected your card is not "inoperable" under the statute. Try, and document, every payment method the meter accepts.
Where do I submit this Administrative Review request?
Online at pticket.com/sanjose, in person at the Office of Parking Violations (210 N. 4th St., Suite 150, San José, CA 95112, weekdays 9:00 a.m.–4:00 p.m.), or by mail to City of San José, P.O. Box 11023, San José, CA 95103-1023 — within 21 calendar days of the citation's issue date.
Should I file a City service request about the broken meter?
It isn't required, but it's independent, time-stamped corroboration that the meter was actually out of service. Attach any repair report or service request you filed for that meter to your Administrative Review.
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