Fight a San Jose parking ticket for a stolen, sold, or unauthorized vehicle
The vehicle was used without your consent (for example, stolen), or you had sold or transferred it before the citation date, so you were not the person responsible for it at the time of the violation.
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. I was not in possession or control of the vehicle bearing plate [PLATE] on [DATE], the date this citation was issued. [SELECT AND COMPLETE THE APPLICABLE SCENARIO: (a) The vehicle was used without my consent — it was reported stolen or as unauthorized use to police on [DATE OF POLICE REPORT], before this citation was issued. / (b) I had sold or transferred the vehicle before this citation was issued, on [TRANSFER DATE], as shown by [DMV transfer-notice confirmation under CVC §5602, or the executed sale/transfer agreement].] Under CVC §40200, the registered owner and driver of a vehicle cited for a parking violation are jointly liable for parking penalties "unless the owner can show that the vehicle was used without consent of that person, express or implied," which covers theft and unauthorized use. [IF SOLD OR TRANSFERRED: Under CVC §40210, once the agency verifies through DMV that I complied with the CVC §5602 transfer-notice requirement, or upon my timely documentation proving the sale predated the violation, the agency must cancel the notice of delinquent parking violation as to me as former registered owner.] I ask that this citation be dismissed on that basis. Attached: [a police report of the theft or unauthorized use filed before the citation date; or proof of DMV transfer notice under CVC §5602, or the executed sale/transfer agreement showing a transfer date before the citation; or other documentation showing I was not in possession or control of the vehicle on the citation date]. 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.
- ✓Stolen or unauthorized use: a police report of the theft or unauthorized use filed before the citation date
- ✓Sold or transferred vehicle: proof you notified DMV of the transfer under CVC §5602, or a copy of the executed sale/transfer agreement showing a transfer date before the violation
- ✓Any documentation showing you were not in possession or control of the vehicle on the violation date
what San Jose rules say
The rule this rests on.
CVC §40200 — Registered owner/driver joint liability; non-consent exception
Codified basis: CVC §40200 makes "the registered owner and driver, rentee, or lessee of a vehicle" cited for a parking violation "jointly liable for parking penalties" — "unless the owner can show that the vehicle was used without consent of that person, express or implied," which covers theft and unauthorized use. For a prior sale or transfer, CVC §40210 requires the processing agency, once it verifies through DMV that the registered owner complied with the CVC §5602 transfer-notice requirement (or once the owner supplies timely documentation, such as the executed transfer agreement, proving the sale predated the violation), to "cancel the notice of delinquent parking violation ... with respect to the registered owner."
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.
My car was stolen — what exactly do I need to attach?
A police report of the theft or unauthorized use, filed before the citation date. Attach it to your written Administrative Review request along with a description of when you regained or reported the loss of control of the vehicle.
I sold the car but never removed the plates — does that matter?
It can complicate things. Your strongest evidence is documentation of the transfer date itself — proof you notified DMV of the transfer under CVC §5602, or the executed sale/transfer agreement showing a date before the citation.
What if this genuinely isn't my vehicle at all?
State that plainly in your Administrative Review request and attach any documentation you have — such as proof you never registered or owned a vehicle matching the citation's description — showing you have no connection to it.
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