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ufcrusher
07-13-2005, 05:29 PM
Warning: I noticed this seemed long after the fact.

I have previously posted that I was at war with my HOA over my legally parking in the handicap spaces. After much ado, I finally "won" the fight and received an apology from their attorney on behalf of their client. :rolleyes:

Given the fact that they were told it was illegal from day 1 by not only me but by the local police the fact that it took over a month was ridiculous...but at least part 1 of the fight was theoretically over.

Let me start off by saying that all handicap spaces are first come, first served for those who validly possess handicap placards/plates. I am fully aware of this and used this arguement as part of my arguement against the HOA regarding the fact that I was not using the spot as my personal parking space. That said, there is language which makes it clear that the spaces are not for long term parking/personal exclusive use with some exceptions.

Where I live there are very few parking spaces, each unit buys its own parking spot and if you dont have a spot you are supposed to park on the street. There are handicap spaces, visitor spaces, and reserved spaces. My unit has 3 handicap spaces in somewhat close proximity. The closest one is about 100yds away from my unit. The second closest is down a set of stairs or taking a long circuit route and probably 500yds away, maybe further. The third closest one is damn far away to be truthful. Its over 1000yds clear across the parking lot.

Over the past several months I have been running into more and more issues with a particular individual who keeps parking in the handicap space that is closest to where I live. As the spot is not my personal spot there is nothing I can really complain about for standard use. There have been at least 10 different valid cars parked in the spot that I have observed.

The problem with this particular guy is two fold. First, everytime he parks there he leaves the car there for at least 4 days without moving it. While I can understand sometimes not touching a car for a day or two, to not move it for four days is pretty bad in this instance. Annoying -- yes, but probably not quite enough to trigger an illegality. (Due to the fight with the HOA I was monitoring the different spots, documenting proof, and keeping a close eye on the different spots)
Secondly and more importantly is the fact that I am nearly 100% certain the guy is not handicapped. One day I was driving in to get the spot when I noticed to my dismay that the evil car was in front of me. Given the fact that I wasnt in my main truck, he would not have known that it was another vehicle that usually parked in the space. I was about 100ft behind him when I noticed him carefully checking his mirror, seeing a car he drives past the handicap space and then takes a circuitious route really slowly. If I hadnt pulled into the spot it would have been enough time for me to pass it and him to get into the spot unobserved. I then watched as he pulled into a visitor spot and got out of the car unaided looking perfectly fine. (He didnt know that I have been documenting his truck in the spot (among others) and was familiar with who he is/where he tries to park) I dont know of anyone who would go way out of their way to not be seen going into a spot unless they were parking illegally. That, taken with my observation when he got out of the vehicle is what makes me positive that he is illegally parking there.

On the fourth of July, I pulled out of the closest handicap space to where I live to go out for the day. I had told my wife that I didnt want to take my truck because of a problem I was having with this jerk who I knew was flitting around the past few days. My wife, who didnt feel like taking her car due to it being low on gas insisted that I drive. Great.

Sure enough, we get back and that jerk is in the spot and I know that he wont be moving it again for his 3 day minimum.

On July 7th, I came out to find one of those lovely "tickets" from the HOA security company on my truck claiming that my truck had not moved in 72 hours. This was patently untrue as I had been out several times each day but managed to get the same spot each night.

This made me livid as I had already been apologized to regarding the hanidcap spaces and told that it would not happen again. On top of which, they were violating the law again. What made me even more mad was that jerks vehicle was still in the same spot and had not moved an inch since the 4th! Yet they didnt put anything on his car.

Figuring that I should be the bigger man, I went into the office to see the HOA onsite trepresentative which had been part of the flash point for the initial fight. She immediately apologized for the "ticket" and started complaining about the security which they were trying to fire. I mentioned the fact about the red truck and she claimed they had ticketed it but refused to show me the ticket. (She had shown me a bunch of other tickets already)
She said it wouldnt happen again.

Each day since then I have been watchng the jerks vehicle waiting for him to move. On Sunday, after a full week of it not moving I was ready to put a nasty gram on his truck. My wife, fearing a flare up with the HOA from me leaving a note on the guys car, told me not to do it so I reluctantly held off. I had to park in the spot 1000yds away twice now due to him.

Its now July 13th and that jerk finally moved his car into a visitors spot. I am assuming that someone chased him out due to his not being handicapped and being seen. That said I am still royally pissed at this guy. I know that he has a real spot as he has parked in it before. The car that is now always in that spot even parked in the handicap space one day after his car got 4 tickets in a row, which even further proves how much of a jerk this guy is. (That one stayed in the spot for 4 days as well!)

Honestly I dont know what to do. I am not going to change my life to keep my truck in the spot all the time but I cannot let this jerk to do this again. I have gotten so mad that I even though about chalking his tire (immitating police to scare him into moving) or doing some not so nice things.

RIVERWIDOW
07-13-2005, 08:52 PM
California is pretty strictabout Handicapp spots.($365.00 fine He must, I assume have a placard because he would be blatantly illegal if he doesn't. I he does have one ,there isnt much you can do about him. Although it sounds to me like your complex doesn't have enough Handicapp spots for the # of units. This might be something to look into. Requirements for # of spots versus # of units. Good Luck :cheers:

Kevster
07-13-2005, 09:20 PM
I had a temporary (red) placard for 6 months while I was getting my Achilles' tendon healed up and rehabilitated. I was surprised at the number of people that had placards and looked perfectly normal. They could have been family of the placard-holder, but it was very annoying trying to find a handicapped spot sometimes when I did have a valid handicap at the time. I do understand your feelings UFcrusher - I hate people that abuse their handicap placards too.

ufcrusher
07-13-2005, 11:44 PM
Actually, you are required to carry around a certain document with you at all times and surrender it upon request to police, peace officers, traffic enforcement, and select other individuals.

I can theoretically ask a police officer to verify that he is or is not the real placard holder. The problem is other than that one time where I saw him, he only parks in that spot when no one is around. Its part of the reason why I am positive that he is not the real holder. It would be fairly difficult for me to get the police there when he is there. I could theoretically demand to see it as an officer of the court, but I am not sure what ramifications that could cause. (By requesting to see it, if he is legal then showing it is all it takes, if he isnt legal or otherwise refuses then it just throws more of a question onto his use of the spot)

As for the amount per violation, its can actually be upwards of a $1000 plus up to a year in jail for illegal use of a handicap space. There is also additional penatlities for using someone elses placard/lending out your placard. It is not something that is taken lightly.

I have seen countless individuals park illegally in handicap spots and/or use others placards. The police have been really cracking down on it, in fact I ran afoul of it in Irvine. Fortunately, as I was really handicapped and had my own placard (just not on me) I was able to prove my ability to use the spot and just pay $20 administrative fee.

Police are very reluctant at times to question if someone is handicapped now, due to the litigious society.

MrGreg
07-14-2005, 12:09 AM
Maybe this particular guy's handicap being an &$$hole.

brainsmile
07-14-2005, 01:01 AM
I hate that people who have the handicapped card but are not handicapped use them. I think you are only to use the spot if you are with the handicapped person isn't it?

Grimm
07-14-2005, 09:07 AM
Can't you ask the police to verify that the placard is valid? If you think it is stolen or at least inappropriately aquired, can't they check on it?

I know! Apply for a job with the SD prosicutor's office. Then you can bust him yourself.

RIVERWIDOW
07-14-2005, 09:13 AM
The placards have ID#s on them. The person to who any specific placard is
registered MUST be in the vehicle if the placard is being used. As for the guy not looking handicapped lets remember that covers
people with heart problems ,severe asthma etc. A lot of things that are not noticeable to the naked eye. If he is using a placard to which he is not entitled(maybe its his mom or dads) shoot him. then he will be handicapped. :fal:

Merlin
07-14-2005, 09:26 AM
[Johnny Dangerously]
"I'm handicapped. I'm psychotic :nuts:"
[/Johnny Dangerously]
:bandit:

sizemic1
07-14-2005, 10:17 AM
Now i'm sure the guy you're talking about probably isn't legit.
But to play devils advocate... just because you don't see some sort of physical handicap "trait" doesn't mean they aren't. Maybe someone has a bad heart and can't walk more than 30 yards..or whatever.

bachviet
07-14-2005, 10:46 AM
The fine in HB is $1000 and $500 in Westminster (both in OC) so try to bust him for parking there and he won't do it again.

ufcrusher
07-14-2005, 12:24 PM
Yes, there are people who have handicaps but dont necessarily look it. My mother broke her back and neck, has degenerating spinal cord, and nerve issues. On a good day, she looks completely normal. On a bad day, she can barely walk.

But for my cane/crutches, profuse limp, and visible pain patch I look normal. (Gee, that is quite a description. The patch is 10cm x 14cm and on my ankle.)

That said, NONE of the people I know with Handicaps looks to see if people are around before pulling into a spot. In fact, they are all pretty defiant about it. Almost everyone checks placards/plates and scream/yells at illegally parked vehicles. This to me is proof unto itself.

InfiniteNothing
07-14-2005, 01:34 PM
The placards have ID#s on them. The person to who any specific placard is
registered MUST be in the vehicle if the placard is being used. As for the guy not looking handicapped lets remember that covers
people with heart problems ,severe asthma etc. A lot of things that are not noticeable to the naked eye. If he is using a placard to which he is not entitled(maybe its his mom or dads) shoot him. then he will be handicapped. :fal::
:stupid: Seems like a good idea right?