Citation Service Defect — Required Affixation under §17C-13-3
WV Code §17C-13-3 requires officers to either deliver a parking citation to the operator or affix it conspicuously to the vehicle. Mailed-only first notices (used in Charleston scofflaw enforcement) are not statutorily authorized. Where no citation was affixed and no personal service was made, the matter must be dismissed for failure of service. The defendant should challenge by sworn affidavit that no citation was on the vehicle, and demand the City produce its officer's contemporaneous record.
Legal basis
WV Code §17C-13-3 (manner of service); WV Code §17C-19-3 (procedure); Rule 4 WVRCvP
Sample appeal wording
TO: [Charleston / Huntington / Morgantown Parking Division] RE: Citation No. [#], Date [DATE], Location [LOCATION] I deny service of the above citation. WV Code §17C-13-3 requires personal delivery to the operator or conspicuous affixation to the vehicle. No citation was on my vehicle on [DATE]. I demand the City produce: (1) photograph of the citation affixed; (2) issuing officer's contemporaneous log; (3) any handheld/LPR record. Absent such proof, the citation must be dismissed for failure of service. Sworn statement attached. [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- WV Code §17C-13-3
- WV Code §17C-19-3
- WVRCvP Rule 4