ROPD Woodward Parking Ticket Harassment

[ItsAllAboutTheT&A]

What counts as a loitering ticket? I mean, I understand, its pretty obvious what people are doing, but whats the technicality of it? You were buying food, but couldnt park in the proper lot due to it being at capacity. I just dont understand how they could actually give tickets for this. Potbellys was open, so it was not after business hours.

 

[smithet]

Last parking ticket I got in Royal Oak, there was still time on the meter...Out of fucking control. Talk about a money machine.

 

[ASRoff]

no window tint issues here in NC

 

[4 cam tbird]

Ticket was in the system finally when I called today. I guess they will mail something about when my date is.

 

[POPPAJ]

Maybe we should pool our resources and have signs made up that read:

Cruisers NOT welcome
No Parking
You will be ticketed

A few hundred placed along Woodward on a Friday before a nice weekend might wake up the business owners to do something. Maybe a few videos posted on you Tube of the police harassing cruisers on Woodward. That would be great for business.

 

[raroz28]

how does the idiot even know what you are doing? Who is to say you didn't do some quick shopping at vitamin shoppe and then head to potbellys to grab a sandwich?

WTF??? This is ludicrous!

 

[mustangmike6996]

I got lucky when I got my tint ticket.. they wrote it as a fix it/pay it defective equipment ticket. I came up to the southfield police with no tints and they signed it and sent my on my way.

 

[2L8IWIN]

I received a loitering ticket in Roseville after going into the McMobil back in what had to be 2002.

The law may be different in R.O. but in Roseville they have to warn you before issuing a ticket. If they didnt you could have it dismissed.

 

[94 Drop]

I received a loitering ticket in Roseville after going into the McMobil back in what had to be 2002.

The law may be different in R.O. but in Roseville they have to warn you before issuing a ticket. If they didnt you could have it dismissed.

I had one dismissed before for the same thing. They tried to say a sign was my warning.. My lawyer did a pretty good job of making the cop and the prosecuting attorney look like the dumb asses that they were.

 

[Overboost]

Anything more happen with this?

 

[limited360]

Well I wrote a 3 page letter to the magistrate explaining the situation... I was not allowed a court date of any kind for this violation, so letter was my only route.

My ticket got reduced to $50 fine for not having paper work on me, judge accepted my paper work and my reasoning and said it was fine... so won't be putting it on my license any time soon...

I am curious how the loittering fight goes...as I am paranoid about parking in that lot for this specific reason!

 

[4 cam tbird]

I have an informal hearing the morning Monday morning after we get back from Power Tour (6-10).

 

[89-LX]

Hate to dig, but I remember this thread from awhile back. My buddy git a ticket last week in Birmingham for loitering. He parked, and within 5 minutes had a ticket on his window with a time stamp of 1042. He has a receipt time stamped at 1044 from the gas station where he bought something to drink, and a candy bar. The police officer said that is not parking for buying items like that. So pretty much, they are creating laws and determining what can be purchased inside a store when parking at the said store to determine if it's loitering or not.

 

[4 cam tbird]

I'd fight it. I don't think I got out of my ticket completely but did get it reduced in some manner if I remember correctly.

 

[93 saturn sl2]

Hate to dig, but I remember this thread from awhile back. My buddy git a ticket last week in Birmingham for loitering. He parked, and within 5 minutes had a ticket on his window with a time stamp of 1042. He has a receipt time stamped at 1044 from the gas station where he bought something to drink, and a candy bar. The police officer said that is not parking for buying items like that. So pretty much, they are creating laws and determining what can be purchased inside a store when parking at the said store to determine if it's loitering or not.

That is some bullshit right there.

 

[RyeLou]

Hate to dig, but I remember this thread from awhile back. My buddy git a ticket last week in Birmingham for loitering. He parked, and within 5 minutes had a ticket on his window with a time stamp of 1042. He has a receipt time stamped at 1044 from the gas station where he bought something to drink, and a candy bar. The police officer said that is not parking for buying items like that. So pretty much, they are creating laws and determining what can be purchased inside a store when parking at the said store to determine if it's loitering or not.

Does he have proof of the 5 minutes? All the receipt would show is he could have seen the ticket and went and got a pop and candy bar as soon as he realized what it was. For all we/they/you know, the car was there for hours before it. Just playing devils advocate, since that's what the magistrate will do.

 

[ReiKo]

Hate to dig, but I remember this thread from awhile back. My buddy git a ticket last week in Birmingham for loitering. He parked, and within 5 minutes had a ticket on his window with a time stamp of 1042. He has a receipt time stamped at 1044 from the gas station where he bought something to drink, and a candy bar. The police officer said that is not parking for buying items like that. So pretty much, they are creating laws and determining what can be purchased inside a store when parking at the said store to determine if it's loitering or not.

Was the parking lot he parked in the gas station for? Or another lot?

 

[89-LX]

Does he have proof of the 5 minutes? All the receipt would show is he could have seen the ticket and went and got a pop and candy bar as soon as he realized what it was. For all we/they/you know, the car was there for hours before it. Just playing devils advocate, since that's what the magistrate will do.

The receipt is time stamped before the ticket by a few minutes. He was waiting in line for his friend to pay for gas when he walked outside and saw the ticket. The cop at that point was starting to write a ticket to put on his friends car that was at the gas pump so he could get gas.

Was the parking lot he parked in the gas station for? Or another lot?

Unsure. But digging, I found the Birmingham ordinances, section 74-163 - Loitering.

It shall be unlawful for any person within the city to loiter, loaf, wander, stand or remain idle either alone or in consort with others in a public place in such manner so as to:

(1) Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians after having been told to move on by a police officer.

(2) Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress and regress, therein, thereon and thereto after having been told to move on by a police officer.

(3) Obstruct the entrance to any business establishment, without so doing for some lawful purpose, if contrary to the expressed wish of the owner, lessee, managing agent or person in control or charge of the building or premises.

He was never told by the BPD to move. He was not obstructing any entrance, and he was there for a lawful purpose. He was making a purchase while his friend was making a lawful purchase as well.

He spoke to someone at the police department today, and they said they will look into it and get back to him. He has a few more days to get this resolved before having to pay or schedule a court date. He said he spoke with the chief of police today, as he was going to lodge a complaint against the officer. One of the questions asked, was if the officer told him to move, which again, SHE didn't.

 

[BigWheelinBubba]

A lot of people that hang out at the Mobil in B-ham block the pumps and it pisses the gas station people off. Get your gas and park elsewhere. You're just being an asshole if you stay at the pump longer than it takes to pay and pump your gas.

 

[wikdsvt]

I had mentioned this ticket I got in a thread about Woodward from last weekend. I'm not just laying over and paying it mostly out of principle and this has resulted in kind of an interesting discovery. The officer that wrote the ticket still hasn't put it in the system, ticket was issued on Friday. I posted on Facebook about the situation and someone suggested a lawsuit for harassment as a form of standing up to prevent this sort of harassment from happening. Basically, I'm making this post to get people's thoughts on this sort of thing.

Here's the whole situation for those that care to read. The above was mostly a summary for the TL;DR crowd.

Friday night I go out to Woodward. The parking in front of the Potbelly's/Caribou building was full. I parked in front of The Vitamin Shoppe, which is in the same connected parking area and went and got a sandwich at Potbelly's. I came back to find a parking ticket for "Private property without permission." The Vitamin Shoppe does not have a sign stating that this was parking for The Vitamin Shoppe customers only. In fact, the officer even gave The Vitamin Shoppe employee that was cleaning up after closing a ticket for the same thing and he had to come out and argue about it. They were also ticketing cars at the credit union between The Vitamin Shoppe and Caribou.

Monday afternoon I went to the RO court house because the ticket says on the back "YOUR VIOLATION MUST BE SETTLED AT THE 44TH DISTRICT COURT" and also says that the fine increases after 72 hours so I had to do something Monday to be within 72 hours of Friday night. I was told then that the ticket was not entered in the system and that I should just call the number on the ticket. They also said the 72 hours doesn't start until the ticket is in the system.

I called again this morning to cover 72 hours from Monday and was again told the ticket was not int he system and to call back tomorrow or Friday.

Are they just hoping everyone that got a ticket will pay it, they'll generate that money and not have to actually enter the tickets in the system, supporting that this is really just 100% harassment?

From the law suit stand point, I don't see there being any money to be made, and I don't have any money to throw at a lawyer. So unless a lawyer was looking to take on the cause or there were enough people willing to throw money at a kickstarter or something I don't have any way to make that happen. Is there a point? Would it help? Would it hurt? Thoughts?

no basis for a lawsuit,.

Police have immunity when acting within the scope of their employment.