Defective Parking Meter Defense (NDCC §39-10-51 et seq.)
When a parking meter is broken, jammed, displays expired even when fed, or shows incorrect time, North Dakota courts apply equitable estoppel - a motorist cannot be penalized for the city's failure to maintain its own equipment. Document the defect with photos, video, and witness statements. Bismarck and Fargo have small numbers of parking meters in core downtown areas, but defects are common given temperature extremes.
Legal basis
Equitable estoppel doctrine; NDCC §39-10-51 (parking ordinances); Common law mistake/impossibility
Sample appeal wording
TO: [CITY] Parking Division RE: Citation #[NUMBER] - Defective Meter The citation issued on [DATE] at meter #[METER NUMBER] should be dismissed because the meter was malfunctioning at the time of parking. Evidence: - Attached photographs taken [DATE/TIME] showing the meter [DESCRIBE - jammed, displaying error, expired despite payment] - I attempted to feed the meter [X] times; coins/payment were rejected - Witness: [NAME if available] Under North Dakota law, equitable estoppel prevents enforcement of a parking violation when the city's own meter equipment failed. I request immediate dismissal. [NAME] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- https://www.ndlegis.gov/cencode/t39c10.pdf
- Common law equitable estoppel