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documentationUnited States · Massachusetts (Statewide)Difficulty: Moderate

Demand Photographic Evidence — Burden Shift

On formal hearing, the issuing officer typically does not appear for parking citations. The burden is on the city to prove the violation by preponderance. Demand the underlying officer's notes, contemporaneous photos, and chalking records. Boston PCOs increasingly take photos via handheld devices — if photos are not produced on demand, dismiss.

Legal basis

MGL c.90 §20A½ (de novo hearing); 540 CMR; due process

Sample appeal wording

Hearing Demand Letter Office of the Parking Clerk Re: Citation #[TICKET] — Hearing Date [DATE] Under MGL c.90 §20A½ I demand production at hearing of: 1. Issuing officer's contemporaneous notes 2. All photographs taken by handheld or body-worn device 3. Chalking records / time-of-arrival evidence 4. Calibration record of any meter implicated 5. Sign survey for the cited block If the City cannot produce, the citation must be dismissed for failure to meet burden of proof. [NAME]

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

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Sources

  • MGL c.90 §20A½
  • 540 CMR

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