Meter or ParkDSM App Failure — Impossibility Defense
Des Moines Municipal Code Chapter 114 governs metered parking and the City's ParkDSM mobile-pay system (Passport-powered). When a single-space or pay-station meter malfunctions (jammed coin slot, blank screen, declined card, error code) or when the ParkDSM app fails (transaction error, network failure, payment cleared but session not recorded), compliance with the meter ordinance is impossible. The Des Moines Parking Division's published policy is to dismiss meter citations where the citizen documents a contemporaneous payment failure or reports the malfunction to 311 within 24 hours. This is also the classic common-law impossibility defense to a strict-liability municipal infraction.
Legal basis
Des Moines Municipal Code Ch. 114 (Stopping, Standing, Parking); §114-66 (meters); ParkDSM Terms of Service; impossibility defense (State v. Crawley line of cases); Iowa Code §364.22(7) (defenses to municipal infractions)
Sample appeal wording
[DATE] City of Des Moines Parking Division 400 Robert D. Ray Drive Des Moines, IA 50309 Re: Appeal of Citation #[CITATION_NUMBER] Vehicle: [LICENSE_PLATE] Meter / Zone #: [NUMBER] Date/Time: [VIOLATION_DATE/TIME] I appeal this citation because the [METER #_____ / ParkDSM Zone #_____] was malfunctioning at the time of the alleged violation, making compliance with Des Moines Municipal Code §114-66 impossible. Evidence: 1. At [TIME] on [DATE], I attempted to pay via [METER / ParkDSM app, Zone #_____]. The transaction [FAILED with error message '[ERROR]' / declined despite valid card / meter displayed 'OUT OF ORDER' / coin slot jammed / app crashed and would not load]. 2. Screenshot/photograph attached as Exhibit A. 3. Bank statement showing failed/pending authorization at [TIME] attached as Exhibit B. 4. Des Moines 311 Service Request #[NUMBER] reporting the malfunction filed [DATE/TIME]. Where the City's payment infrastructure fails, the operator cannot be cited for nonpayment under §114-66; impossibility is a complete defense to municipal-infraction liability under Iowa Code §364.22(7). I made every reasonable attempt to comply. I respectfully request dismissal. [NAME] [CONTACT]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Des Moines Municipal Code Ch. 114
- ParkDSM / Passport Parking app terms
- City of Des Moines Parking Division (dsm.city/departments/finance/parking)