Failure to Affix or Mail Citation per §56-5-2585
Under SC Code §56-5-2585, a parking citation must be either physically affixed to the vehicle or hand-delivered to the driver to constitute valid service. Where a citation is allegedly issued but no copy was affixed (frequently occurs with electronic license-plate-recognition systems used by Columbia and Greenville for boot-list enforcement), the citation has not been properly served and the attempt to collect via mailed 'first notice' is procedurally defective.
Legal basis
SC Code §56-5-2585 (manner of service of parking citations); SC Rules Magistrate Court Rule 4 (service)
Sample appeal wording
TO: [Parking Services / Court] RE: Citation No. [#], Date [DATE] I deny that any citation was affixed to my vehicle on [DATE] at [LOCATION]. Pursuant to S.C. Code Ann. §56-5-2585, a parking citation must be affixed to the vehicle or personally served. Mailed notice alone is insufficient. I demand the City produce: (1) a photograph of the citation affixed to the vehicle; (2) the issuing officer's contemporaneous notes; (3) any LPR/handheld unit logs. Absent such proof, the citation must be dismissed for failure of service. Sworn statement attached. [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- SC Code §56-5-2585
- SC Magistrate Court Rules