Due Process – Lack of Adequate Notice / Service
Both the U.S. and Texas constitutions (Tex. Const. art. I § 19) require adequate notice and an opportunity to be heard before a deprivation of property. If a parking citation was placed only on the windshield in heavy weather and was lost, a tow occurred without § 2308.454 notice, or a registration hold or collections action followed without first-class mail notice, the resulting penalty can be challenged on Due Process grounds. The Texas Supreme Court in Mathews/Eldridge balancing favours the motorist where the city made minimal effort to notify the registered owner.
Legal basis
Tex. Const. art. I § 19; U.S. Const. amends. V, XIV; Tex. Transp. Code § 682.006 (citation/summons by mail to registered owner)
Sample appeal wording
I challenge this citation/penalty as having been imposed without adequate notice in violation of Tex. Const. art. I § 19 and the 14th Amendment. The City's only attempt at notice was [windshield placement / a single mailing to a stale address / no mailing at all]. Tex. Transp. Code § 682.006 requires citation or summons. Mathews v. Eldridge requires a balancing favouring meaningful pre-deprivation notice where the cost of better notice is minimal. I request dismissal of the underlying citation, removal of any registration hold, and refund of any administrative fees added.
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Tex. Const. art. I § 19
- Mathews v. Eldridge, 424 U.S. 319 (1976)
- Tex. Transp. Code § 682.006