Improper Service of Citation Notice (12 O.S. §2004.1)
Where a parking citation is issued without the vehicle owner physically receiving it (e.g., placed on windshield but blown away, or notice mailed to wrong address from outdated DMV records), Oklahoma law (12 O.S. §2004.1 and OKC Municipal Code §32-309) requires that subsequent enforcement actions provide proper notice. If the city/operator skipped from initial citation to collection without sending the legally-required mail notice, due process is violated. This is particularly common with private operators who use 'pay-by-plate' systems and send only to the registered address - which may be outdated.
Legal basis
12 O.S. §2004.1 (service of process); OKC Municipal Code §32-309 (notice of citation); U.S. Const. Amend. XIV
Sample appeal wording
TO: [Court / Parking Authority] RE: Citation #[CITATION_NUMBER] MOTION TO VACATE - IMPROPER SERVICE Dear Honorable Judge, I move to vacate the judgment / dismiss the collection action arising from citation #[CITATION_NUMBER] on the grounds of improper service in violation of 12 O.S. §2004.1 and the Due Process Clause. FACTS: - The citation was originally issued on [DATE] at [LOCATION] - I was not personally served with the citation; it was either lost from the windshield or I never received the windshield notice - Subsequent notices were mailed to [INCORRECT ADDRESS] - My address of record with Oklahoma DPS at all relevant times was [CORRECT ADDRESS] (certified DMV record attached) - I first received actual notice of this citation on [LATE DATE] when I received a [collection letter / DMV registration block notice] LAW: Due process requires notice 'reasonably calculated under all the circumstances to apprise interested parties of the pendency of the action.' Mullane v. Cent. Hanover Bank, 339 U.S. 306 (1950). Mailing to a known-incorrect address fails this standard. WHEREFORE, I respectfully request the court vacate any default and provide me a hearing on the merits, or in the alternative, dismiss the matter. Respectfully submitted, [NAME] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- 12 O.S. §2004.1
- OKC Municipal Code §32-309
- Mullane v. Cent. Hanover Bank, 339 U.S. 306 (1950)