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equipment malfunctionUnited States · Maryland (Statewide)Difficulty: Easy

Broken Meter / ParkMobile Failure - Reasonable Attempt Defense

Local ordinances throughout Maryland (Baltimore §40-21, Annapolis §12.04, Rockville §20-93) require functional meters as a precondition to non-payment citations. ParkMobile, MobileNow, ParkBaltimore app failures are a frequent cause of erroneous citations. Where the motorist made a reasonable attempt to pay and the system was non-functional, dismissal is warranted.

Legal basis

Baltimore City Code Art. 31 §40-21; Annapolis City Code §12.04; Rockville City Code §20-93; doctrine of impossibility

Sample appeal wording

[DATE] [LOCALITY] Parking Adjudication RE: Citation #[NUMBER] - Meter/App Malfunction I contest citation #[NUMBER]. The meter/app at [LOCATION] was non-functional at the time, making payment impossible. • Meter ID: [NUMBER] at [ADDRESS] • Failure mode: [coin slot blocked / card reader rejected / 'FAIL' display / app error '[QUOTE]'] • Attempts at payment: [LIST WITH TIMES] • Adjacent meter [also broken / occupied] Under [LOCAL ORDINANCE], a citation may not issue where the locality's payment infrastructure fails. Exhibits: A) Meter photo timestamped [TIME] B) App error screenshot C) [Other] Dismissal requested. Sincerely, [NAME]

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

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Sources

  • Baltimore City Code Art. 31 §40-21
  • Annapolis City Code §12.04
  • Rockville City Code §20-93

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