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Booting / Immobilization Challenge Under Minneapolis Code §478.310

Minneapolis authorizes vehicle immobilization (booting) for vehicles with 5 or more unpaid parking citations under Minneapolis Code §478.310. The boot can be challenged on grounds: (1) one or more underlying citations is invalid; (2) the boot was applied to a vehicle not registered to the cited person (sold vehicle, family member); (3) the City failed to provide pre-deprivation notice; (4) the boot caused unreasonable harm (storage at private lot, work disruption) that exceeds due process tolerance. Once underlying citations are challenged and reduced below the 5-ticket threshold, the boot must be removed without fee.

Legal basis

Minneapolis Code §478.310; Minn. Stat. §168B; Bell v. Burson (due process for vehicles)

Sample appeal wording

[DATE] Minneapolis Parking Services Re: Boot Removal Hearing — Vehicle [PLATE] I request immediate hearing under Minneapolis Code §478.310 challenging the boot placed on my vehicle on [DATE]. 1. The boot is unjustified because the following underlying citations are invalid: Citation #[A] (basis: signage defect under §169.06); Citation #[B] (basis: meter malfunction); Citation #[C] (basis: not my vehicle on that date — sold to [NAME] on [DATE], bill of sale attached). Once invalid citations are removed, my account drops below the 5-ticket threshold required for booting under §478.310. 2. The City failed to provide pre-immobilization notice of the boot threshold being reached. 3. The boot has caused [WORK/MEDICAL/HARDSHIP IMPACT]. I request: (a) immediate boot removal without fee; (b) consolidated hearing on all underlying citations; (c) refund of any boot fee paid under protest. [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • Minneapolis Code §478.310
  • minneapolismn.gov/business/licenses-permits/parking-services/
  • Bell v. Burson, 402 U.S. 535 (1971)

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