We received a Notice of Outstanding Parking Violation from the City of Walnut Creek on September 14. Weve never been to the City of Walnut Creek.
On September 15 we contacted Ms. Sandy Mulligan with Parking Enforcement, City of Walnut Creek. She said the City had a photo of our license plate - 4HBW555 - on a gray Honda Accord that was parked illegally. She further told us that the plate frame contained the word Marin (something like Marine Auto). Our rear plate frame has the following on the bottom: Autowest Honda Roseville. Since we have both front and rear plates, we told her that the only possible explanation was that someone counterfeited our vehicle license plate. Also, the Parking Violation Notice indicated the vehicle was gray. Our vehicle is black and always has been. The notice did not include a VIN number. We have no copy of the actual ticket since, of course, we were never there.
I noted all this in a letter dated September 15, and sent a copy to Tom Edwards from the California Department of Motor Vehicles, Investigation Unit. I also spoke to Mr. Edwards, and he assured me the complaint would be kept on record and he advised me to get new plates.
After hearing nothing from the City of Walnut Creek, I wrote to Ms. Mulligan on October 21, and sent her photos of our black (not gray) vehicle with a close-up of our license plate frame (different from the one she described to me and from the dealer where we bought the car in 1999.)
Additionally, we went to the DMV an changed our plates so this could not happen again, if in fact our plate had been counterfeited. It is also possible that the photo that Ms. Mulligan represented was fabricated.
Ms. Mulligan responded today that my appeal had been sent to the Parking Enforcement Center. Late today I received a form letter from the City of Walnut Creek stating that my appeal was denied because I had no evidence that I was not in Walnut Creek. I would have to pay $40 (later $140 to continue with a hearing).
Further the form letter states: hearing requests received after 21 calendar days from level I Review, or without full payment of fine (s) will NOT be processed.
My wife and I contend that we provided ample evidence that the vehicle in the photos cited by Ms. Mulligan was not ours. On the other hand, the notice sent to me by the Parking Center failed to note VIN, noted the wrong color, and was based (according to Ms. Mulligan) on a photo of another Vehicle. To me it is evident that the City of Walnut Creek hopes we will just pay the fine and forget about the matter. At this point forcing us to pay a fine and travel to Walnut Creek is in our opinion an abuse of municipal power and extortion. We have a complaint in to the Attorney General. Until this is resolved, we advise people to stay away from the City of Walnut Creek.
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