Process to Contest a Parking Citation

The City of Monterey follows the process as established by the State of California to contest a parking citation (CVC 40215).  To contest a citation you must start with Level 1, Administrative Review. You MUST contest your citation within 21-calendar days of the date the citation was issued or 14-calendar days from the mailing of the Delinquent Parking Violation Notice.

Level 1 - Administrative Review
Level 2 - Administrative Hearing
Level 3 - Court Appeal

Administrative Review | Form
You must request an Administrative Review within 21-calendar days of receiving the citation or 14-calendar days from the mailing of the Delinquent Parking Violation Notice. The City of Monterey conducts the initial review of your citation.

The request for review may be made by mail, by telephone or in person at the Parking Division Office. To request a review by mail, download the Administrative Review Form and mail it to:

City of Monterey
Parking Enforcement Center,
P.O. Box 57001
Irvine, CA 92619-7001

The Administrative Review Form is also available at the Parking Division Office, 340 Tyler Street, Monterey.

To request Administrative Review information by telephone, please call the number provided on the face of your parking citation. 1-866-802-0049  Agency Code: 4006

You must indicate your reasons for requesting an Administrative Review and include copies of all supporting documentation (documentation will not be returned) relating to the citation, i.e., photographs, Disabled Placard, ID card, permit holder information, etc.

Based on the written information / evidence you have provided, the City will determine if there is sufficient proof to rule that the violation did not occur or extenuating circumstances prevented you from complying.

If your citation is found to be “Not Valid” you will be sent written notification that the citation has been dismissed. Your citation will be cancelled and you do not need to take any further action.

If your citation is found to be “Valid” you will be sent written notification and you can accept the decision and pay the bail fee.  If you are not satisfied with the results of the Administrative Review, you may request that a Administrative Hearing be scheduled with a Hearing Officer review your citation by returning the bottom portion of the letter notifying you of the result. State Law requires that you pay all fines owed on the citation before you can request an Administrative Hearing. If the Hearing Officer finds in your favor, you will be issued a refund.

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Administrative Hearing
If you are not satisfied with the results of the Administrative Review, you may request an Administrative Hearing either in person or by written declaration. You must request an Administrative Hearing within 21-calendar days of the date of the Administrative Review decision. After 21 days you are no longer entitled to an Administrative Hearing. You may request an Administrative Hearing in-person or by written declaration.  By selecting a written declaration you need not be present for the Hearing.

State Law requires that you pay all fines owed on the citation before you can request an Administrative Hearing. If the Hearing Officer finds in your favor, you will be issued a refund.

After you request an Administrative Hearing, the Hearing Officer will be provided with a case folder which contains all information relevant to your citation, including:

  • A copy of the parking citation.
  • Any correspondence received by the City Monterey concerning the citation.
  • The results of any investigations conducted during the Initial Review process.
  • A complete computer record of all calls received and notices sent.

In-Person Hearing Proceedings

  • In-person hearings are scheduled once a month.
  • Please plan to arrive 10 minutes early to sign-in and allow time for unexpected travel delays.
  • You may bring any witnesses, records, or documents with you that are applicable to your case.
  • The contestant must provide any interpreters needed, including sign language.
  • Any additional documents, relating to the appeal of your citation must be submitted at the time of your hearing. No extensions will be granted to submit further documentation. Documentation will not be returned.

The Hearing Officer will review this information, and will also listen to your explanation of why the citation should be dismissed. You will be notified by mail of the Hearing Officer's determination. If the Hearing Officer determines you are not liable for the citation, you will be issued a refund. If the Hearing Officer determines you are liable, you may accept the decision and the bail paid will be applied to the citation or you may request an appeal with the Superior Court.

Written Declaration Hearing Proceedings

A Hearing Examiner will review your Written Declaration. When your hearing has been completed you will receive the decision by mail. If the Hearing Officer determines you are not liable for the citation, you will be issued a refund. If the Hearing Officer determines you are liable, you may accept the decision and the bail paid will be applied to the citation or you may request an appeal with the Superior Court.

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Court Appeal
If you are found liable by the Hearing Officer and wish to continue contesting the citation, you may appeal the decision at Superior Court. You must request an appeal within 30-calendar days of mailing of the Hearing Officer's decision. You must file for the appeal in person at the Superior Court. There is a $25 filing fee per citation required by the Court, which will be refunded to you, if the judge rules in your favor. You will also need to present the written Administrative Hearing decision at the time the appeal is filed. The written Administrative Hearing decision is submitted as evidence for the court appeal.

Parking citation appeals may be filed at the address listed below:

The Superior Court of California, County of Monterey
Marina Division
3180 Del Monte Boulevard
Marina, CA 93933

Their hours are 8:00 a.m. to 4:00 p.m. , Monday through Friday.

You may not skip the Administrative Review or Administrative Hearing and file immediately for a Superior Court ruling.
 

Download Administrative Review Form:

jobapp.gif (166 bytes)An Administrative Review Form is available to download in the Adobe PDF file format.  If you already have Adobe's Reader installed on your computer, you may obtain the form by clicking on the linked Application icon to the left.

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If you don't have the free Adobe Reader you can obtain it from Adobe by clicking on the linked icon to the left.

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©2007 City of Monterey. All Rights Reserved. http://www.monterey.org/parking/contest.html    L. Huelga 06/08/09