Due Process — Inadequate Notice of Hearing
Under SC Code §56-7-30 and the Fourteenth Amendment, a motorist contesting a parking citation is entitled to written notice of the hearing date with a meaningful opportunity to be heard. Where notice is mailed only to a stale address despite a current registration, or where notice sent allows fewer than 14 days to respond, the resulting default judgment is void and may be vacated under SCRCP Rule 60(b)(4). Successful motions to vacate restore the right to contest the citation.
Legal basis
SC Code §56-7-30; U.S. Const. amend. XIV; Mullane v. Central Hanover Bank, 339 U.S. 306 (1950); SCRCP Rule 60(b)(4)
Sample appeal wording
TO: [Magistrate / Municipal Court] MOTION TO VACATE DEFAULT JUDGMENT RE: Case No. [#], Citation No. [#] Defendant respectfully moves under S.C. Rule of Civil Procedure 60(b)(4) to vacate the default judgment entered on [DATE] as void for lack of due process. Grounds: Defendant's correct address on file with the SC DMV at the time of citation was [ADDRESS]. Court records reflect notice was mailed to [WRONG ADDRESS] / was undeliverable / was sent only [<14] days before hearing. Defendant had no actual or constructive notice of the proceeding. Notice insufficient under Mullane v. Central Hanover Bank, 339 U.S. 306 (1950) is a denial of due process and renders the resulting judgment void. Defendant requests the court vacate the judgment, set aside any DMV hold, and set the matter for hearing on the merits. [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
Beat It writes this argument automatically
Scan your PCN — our AI checks if this ground applies to your specific ticket, drafts a properly-cited appeal letter, and submits it to the council on your behalf. Only pay if you win.
Scan my ticketSources
- SC Code §56-7-30
- Mullane v. Central Hanover Bank, 339 U.S. 306 (1950)
- SCRCP Rule 60(b)(4)