Broken / Malfunctioning Parking Meter Defense
Under Indiana common-law and the implicit covenant in metered-parking ordinances (Indianapolis Rev. Code §431-301 et seq.; comparable in Fort Wayne, Evansville, Bloomington), a driver cannot be cited for failing to pay a meter that is mechanically broken, displays an error, fails to accept legal tender, fails to register payment, or shows incorrect time. Indianapolis ParkIndy meters and the ParkMobile app must register a transaction; if the driver attempted payment in good faith and the system failed, the citation cannot stand. Take a photo of the malfunctioning meter and any error message immediately.
Legal basis
Indianapolis Rev. Code §431-301; IC 9-21-18 (stopping, standing, parking); common-law equitable defense (impossibility of performance)
Sample appeal wording
TO: City of Indianapolis, Parking Violations Bureau RE: Citation [TICKET_NUMBER] — Meter Malfunction Defense I request dismissal of the above citation. On [DATE] at [TIME] I parked at meter #[METER_ID] on [STREET]. I attempted to pay the meter and/or use the ParkMobile app. The meter [displayed an error code / failed to accept payment / showed expired despite payment / had a jammed coin slot]. I made a good-faith attempt to comply with the metered-parking ordinance; performance was impossible due to municipal equipment failure. Evidence: (1) date-stamped photo of meter showing malfunction; (2) ParkMobile transaction log; (3) bank statement; (4) photo of meter ID. Under Indianapolis Rev. Code §431-301 and basic principles of equity, the citation must be dismissed. Signed, [FULL_NAME] Date: [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- Indianapolis Revised Code §431-301
- ParkIndy meter operations agreement
- Indiana Code Title 9, Article 21, Chapter 18