Improper Service of Process — No Time Limit Petition to Vacate
Chicago Municipal Code §9-100-090(c): a determination shall be SET ASIDE AT ANY TIME if the petitioner establishes they were not provided proper service of process. The 21-day window does NOT apply to improper-service petitions. Common situations: notice mailed to old address; notice returned undeliverable but City didn't re-send; identity theft; plate cloning. Pinkston v. Chicago confirms due process requires definite charge, adequate notice, and full impartial hearing.
Legal basis
Chicago Municipal Code §9-100-090(c); §9-100-050(f); Pinkston v. Chicago, 2023 IL 128575
Sample appeal wording
TO: City of Chicago, Traffic Compliance Administrator RE: Petition to Vacate — Improper Service — §9-100-090(c) Under §9-100-090(c), a determination 'shall be set aside at any time' upon showing of improper service. Ticket [TICKET_NUMBER] notices were mailed to [WRONG_ADDRESS]. My correct SOS address at the time was [CORRECT_ADDRESS]. [Or: returned undeliverable; identity theft; plate cloning]. I request vacatur and merits hearing. Evidence: (1) registration; (2) USPS records; (3) FTC ID theft report; (4) plate photos. Signed, [FULL_NAME] Date: [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
- Chicago Municipal Code §9-100-090(c)
- Pinkston v. City of Chicago, 2023 IL 128575