equipment malfunctionUnited States · Florida (Statewide)Difficulty: Easy
Defective Parking Meter / Pay Station
Most Florida municipal codes (e.g., Miami §35-141; Tampa §15-46; Orlando §38.04) provide that a motorist may not be cited for a meter violation if the meter or pay station was inoperable, malfunctioning, or rejecting valid payment. Photographic or contemporaneous evidence of the malfunction is a complete defense.
Legal basis
Local municipal codes (e.g., Miami §35-141, Orlando §38.04, Tampa §15-46); F.S. §316.008(1)(a)
Sample appeal wording
TO: [PARKING DIVISION] RE: Citation No. [CITATION NUMBER] I respectfully contest this citation on the ground that the parking meter / pay station identified by ID# [METER ID] at [LOCATION] was inoperable / malfunctioning at [TIME] on [DATE]. Under [CITY] Municipal Code [§ ___], a motorist may not be penalized when the meter fails to function. Attached as Exhibit A is a time-stamped photograph showing [error message / blank display / declined card prompt]; Exhibit B is a receipt from an adjacent meter (#[ID]) demonstrating I attempted to pay and parked only after that machine also failed. Dismissal is requested. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Miami Code §35-141
- Orlando Code §38.04
- Tampa Code §15-46